Sheikh Ameen vs State of Madhya Pradesh

The appellant has filed the present appeal challenging the judgment dated 05/10/2005 passed by the 10th Additional Sessions Judge, Jabalpur in

Sessions Trial No.331/2005 thereby convicting the appellant for committing the offence under Sections 366(a), 363 & 376 of the IPC with

imprisonment of 10 years and fine of Rs.2000/-, 7 years with fine of Rs.2000/- and 7 years and fine of Rs.26,000/- respectively.

In short the prosecution story is that on 04/02/2002 the appellant has taken away the prosecutrix who is minor and, therefore, the father of the

prosecutrix has lodged an FIR in the Police Station Patan. On the basis of complaint made by the father of the prosecutrix, an offence has been

registered against the appellant under Sections 366(a) & 363 of the IPC. Thereafter, the accused was arrested on 16/06/2005 and on the basis of

the statement made by the prosecutrix, an offence under Section 376 was also registered against the appellant. Thereafter, police has filed the

challan before the competent Court. Since the matter is under trial to the Court of Session, therefore, the same was committed to the Sessions

Court from where it was received by the trial Court for trial.

During the trial, the prosecution has examined the prosecutrix (PW-2), father of the prosectrix (PW-3), Dr. A.S.Rajput (PW-7) and wife of the

accused (PW-12). On the basis of the statements of these witnesses, the trial Court has convicted the appellant for committing an offence under

Sections 366(a), 363 & 376 of the IPC. While passing of the impugned judgment, the trial Court has taken into consideration over all evidence

adduced by the prosecutrix and the age of the prosecutrix also. In my opinion, the findings recorded by the trial Court is just and proper, therefore,

no interference is called for. The conviction of the trial Court is upheld. However, as the appellant was in jail during trial as well as during pendency

of this appeal also and he has completed the jail sentence imposed by the trial Court, no further orders for conviction is required to be passed.

Accordingly, the present appeal is hereby dismissed.