JUDGEMENT

1. The appellant has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short “Cr.P.C.”] against the judgement dated 24.8.2016 passed by the Additional Sessions Judge, Badwah, District Khargone (M.P.) in S.T. No.13/2015, whereby the appellant has been convicted under sections 363, 366 and 376(2)(i) of the Indian Penal Code (in short “IPC”) alongwith section 3/4 of the Protection of Children from Sexual Offences Act, 2012 (in short “POCSO Act”) and sentenced him to undergo RI for 2 years with fine of Rs.1,000/-, RI for 3 years with fine of Rs.1,000/-, RI for 10 years with fine of Rs.2,000/- and RI for 7 years with fine of Rs.2,000/ and in default of payment of fine, to undergo additional RI for 1 month, 1 month, 2 months and 2 months respectively.

2. Prosecution story, in brief is as follows :-

(i) On 11.11.2014, at about 16.00 hours, when complainant’s minor daughter prosecutrix, aged about 14 years was alone in her house situated at Indira Nagar Bedi, Sanawad, District Khargone, appellant came there and on the false pretext of marriage took her to Moondi, District Khandwa, then to his sister’s house at Masangaon and thereafter to Salkanpur on his motorcycle. He kept her there captivated in a dharamshala for four days and committed rape upon her repeatedly. On the same day, when the complainant returned back home, he found the prosecutrix as well as the appellant missing. He searched for them at the nearby places as well as relatives of the appellant and on the next day i.e. on 12.11.2014, at about 18.30 hours, lodged the report against the appellant on the basis of which FIR (Exhibit-P/5) was registered against him at Police Station Sanawad, Khargone for the offences punishable under sections 363 and 366 of IPC. On the next day i.e. on 13.11.2014 at about 8.10 PM, Investigating Officer S. I. Jitendra Yadav went to the spot and prepared spot map (Exhibit-P/6).

(ii) On 18.11.2014, appellant took the prosecutrix to District Court, Khandwa saying that he will marry her in the Court, where prosecutrix’s uncle Deepak and his friend Ganesh saw them. They informed police station Khandwa, who brought prosecutrix as well as appellant to Police Station Sanawad, where on the same day at about 18.30 hours, prosecutrix was recovered, as per Dastyadi Panchanama (Exhibit-P/1). S.I. Jitendra Yadav recorded the statement of prosecutrix in the presence of her mother. He, after getting the consent vide letter (Exhibit-P/2) of the complainant and his wife, sent prosecutrix to Community Heath Centre, Sanawad for her medical examination. On the same day, at about 7.45 PM, Dr. Hansa Patidar medically examined her and prepared MLC report (Exhibit-P/6) stating therein that her 28 tooth were erupted and her hymen was found ruptured. As her menstruation period was going on, she could not prepare her vaginal slides. She sealed her clothes and handed over the same to the concerned police constable. On 22.11.2014, when the prosecutrix was again brought to the Community Health Centre, she prepared her vaginal slides as per MLC report (Exhibit-P/7) and handed over the same to the concerned police constable.

(iii) S.I. Jitendra Yadav seized the vehicle Hero Honda motorcycle bearing registration No.MP12 MG 4384 involved in the alleged crime from the possession of the appellant as per seizure memo (Exhibit- P/12), arrested appellant as per arrest memo (Exhibit-P/13) and sent him to the Community Health Centre, Sanawad for his medical examination, where on 18.11.2014, at about 9.20 PM, Dr. Mubarak Syed medically examined and found him capable of doing sexual acts as per MLC report (Exhibit-P/14) and prepared his semen slides as per MLC report (Exhibit-P/15). S. I. Jitendra Yadav obtained scholar register entry (Exhibit-P/8) and also letter/certificate (Exhibit-P/9) from the Principal, Government Se