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ABHAY S. WAGHWASE
Satish @ Satyanarayan, S/o. Bhairavsingh Girigujar – Appellant
Versus
State of Maharashtra, through Police Station Railway Purna, Tq. Purna, Dist. Parbhani – Respondent
JUDGMENT :
(Abhay S. Waghwase, J.)
1. Instant appeal takes exception to judgment and order dated 12-01-2006 rendered by learned 3rd Adhoc Additional Sessions Judge, Parbhani in Sessions Trial No.93 of 2005 recording guilt of the appellants for offence under Section 363 read with 34 of the Indian Penal Code (IPC).
PROSECUTION CASE IN BRIEF
2. In trial Court, both above appellants were chargesheeted on the premise that on 24-03-2005 they abducted and kidnapped informant’s daughter and his minor granddaughter with intent to compel informant’s daughter to marry against her will and further force her to indulge in sexual intercourse.
On report of PW1 Peeraji at exh.11, crime was registered for offence under Sections 363, 366, 366A read with 34 of the IPC and tried by 3rd Adhoc Additional Sessions Judge, Parbhani vide Sessions Trial No.93 of 2005.
On appreciation of oral and documentary evidence, learned trial Judge acquitted both accused from charge under Sections 366 and 366A read with 34 of the IPC, but convicted them for offence under Section 363 read with 34 of the IPC. Hence, instant appeal.
SUBMISSIONS On behalf of appellants :
3. Learned Counsel for the appellants challenged above judgm
The prosecution must prove charges beyond reasonable doubt; inconsistencies in witness testimonies and lack of evidence led to the quashing of the conviction.
Offence under Section 366 of IPC, 1860 relating to kidnapping/abducting the victim girl by inducing her to compel marriage with him. But the essential ingredients of the offences is that a person bei....
The appeal was upheld as the prosecution failed to prove the charge of kidnapping, establishing no enticement or illegal taking of the victim, as she left willingly.
To convict for abetment under IPC, the prosecution must prove the abettor's intent and that the act was committed as a consequence of the abetment, which was not established here.
The prosecution must prove the essential elements of the offence beyond reasonable doubt.
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