Important Points
The school certificate proved by the headmaster of the school from whom the certificate was obtained being a legal document and having evidentiary value, has to be given due weightage.
Any error or omission in framing charge could be rectified even at the appellate stage provided no prejudice is caused to the accused persons.
The object of the charge is not to introduce a provision that goes to the root of the jurisdiction but to enable the accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet.

Judgment

Dr. Mukundakam Sharma, J. —

1.This appeal arises out of the Judgment and Order dated 5.8.2003 passed by the learned Single Judge of the High Court of Andhra Pradesh at Hyderabad, convicting the three appellants under the provisions of Section 366A and Section 372 read with Section 511 Indian Penal Code, 1860 (for short ‘IPC’) and requiring each of them to undergo rigorous imprisonment for a period of 10 years and 5 years respectively on each count, which is to run concurrently. By the said Order, the Order dated 16.12.1996 passed by the learned Additional Assistant Sessions Judge, Guntur in SC No. 25 of 1995, acquitting the three accused was set aside.

2.Shri Subba Rao - appellant No. 1 and smt. Dhanalakshmi - appellant No. 2 are respectively the father and mother of Sankar - appellant No. 3. The mother of the prosecutrix filed a missing report on 29.07.1992 at Pattabhipuram Police Station. In the said report it was stated by her that her youngest daughter Prabhavathi-prosecutrix studying in Inter 1st Year in B.H. Girls Junior College went to the college on 25.7.1992 at 12.30 p.m. and thereafter did not return to her house and that the family made an enquiry amongst the relatives and friends both in the Guntur town and in the remaining villages but she could not be traced anywhere. It was further stated that her whereabouts are not known and that they have got doubt about her missing on three persons namely Subba Rao, his wife and his son Sankar, who are residents of old Pattabhipuram, Guntur. It was also stated that the missing girl was about 16 years of age and 5 feets 3 inches in height.

3.The aforesaid missing report was registered as Cr. No. 88/92. After receipt of the said report, the Police started investigation, but despite the said investigation they could not trace out the girl. It transpires from the prosecution case that the girl was traced out on 11.9.1992, when she came to a bus shelter, which is opposite to the Check Post of Agricultural Market at Ravendrapadu.

4.Having found the girl weeping at the bus stand, PW-8 and PW-9 who are respectively working as watchman and supervisor at the Agricultural Market Committee, Ravendrapadu took her to the house of PW-8. The girl was kept in the house of PW-8 for two days during the course of which both PW-8 and PW-9 tried to find out the background and particulars of the girl and accordingly were able to trace out her house where they met the mother and informed her the whereabouts of her daughter. The mother, along-with the aunt and brother of the prosecutrix accompanied PW-8 and PW-9 to Ravendrapadu and thereafter they took back the girl to their house.

5.In terms of the aforesaid statement, the girl was taken back by the mother on 14.9.1992. She went to the police station on 19.9.1992 and on the same date she was sent to the Government General Hospital, Guntur for treatment as she was found to be weak both physically and mentally. Thereafter on 25.9.1992 she again went to the Police Station and presented a written report which was later on proved and exhibited in the trial as Ex. P-1. On the same day i.e. on 25.9.1992, Police examined the prosecutrix and recorded her statement and thereafter also got the statement of PW-8 and PW-9 recorded. The Police thereafter examined many other witnesses and visited the house of the three appellants who were accused in the report submitted. Finally, a charge sheet was submitted by the Police against all the three accused persons who are appellants herein under Section 363, 366A, 368 and Section 372 read with 511 of the IPC.

6.During the course of the trial, 13 witnesses were examined, including the prosecutrix, her mother and the investigating officer who were examined as PW 1, PW 2 and PW 12 respectively. The case of the accused was of clear denial. After completion of the trial, arguments were heard by the Additional Asst. Sessions Judge who thereafter passed an Order of acquittal against all the three accused persons holding th