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2022 Supreme(MP) 149

DINESH KUMAR PALIWAL
Manoj Sahu – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Sushil Kumar Tiwari for appellant;
Narendra Singh Lodhi, Panel Lawyer for respondent/State.

JUDGMENT

1. This criminal appeal under section 374(2) of Cr.P.C. is preferred by the accused/appellant being aggrieved by the judgment dated 13.12.2019 passed by Sessions Judge, Umariya, in S.T. No. 59 of 2017 (State of MP v. Manoj Sahu), whereby appellant has been convicted for commission of offence under section 363 of IPC and has been sentenced to undergo rigorous imprisonment for two years and fine of Rs. 500/-, with default stipulations.

2. The prosecution case in brief is that on 14.9.2016 at about 2:15 p.m. Moorat Prasad Sahu (PW-1) R/o village Ratheli, P.S. Umariya District Umariya (M.P.) appeared at P.S. Umariya and lodged First Information Report, stating that he is a resident of Village Ratheli and is a farmer and labour. He is blessed with two sons and two daughters. His younger daughter Rinki is studying in Government Higher Secondary School, Karkeli in class-XIIth. Daily she used to go to school from home. On 12.9.2016, she after having meal at around 9:00 a.m. left for school but did not return home till evening. He searched his daughter in all his relative’s house and at Karkeli and Umariya but he could not trace his daughter. His daughter is 17 years 06 months old.

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