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2019 Supreme(Online)(MP) 1772

IN THE HIGH COURT OF MADHYA PRADESH
Goutehri, J
Om Prakash – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
For the Appellants: Amicus Curiae
For the Respondents:Government Advocate

1. This appeal under S.374 (2) of the Criminal Procedure Code, has been filed by the appellant / accused being aggrieved by the judgment dated 28/09/2007 passed by the IInd Additional Sessions Judge, Satna, in Session Trial No.67/2005, in which the trial Court held the appellant guilty for commission of offence punishable under S.376 (1), 302 and 201 of the Indian Penal Code and awarded the sentences as follows -



All the sentences to be run concurrently.

2. The prosecution story in brief is that deceased victim aged 8 years was the daughter of Smt. Kuraisa Bi (P.W - 6). Deceased was playing in front of the house of Smt. Kuraisa on 21.1.2005 in the evening. It was the day of Bakrid. After sometime Kuraisa came out of her house but deceased was not visible. She searched and informed her father Jumman (P.W - 1) and others. Kodulal @ Santosh (PW. 8), Biti Bai (PW. 5) and Nafis Khan (PW 8) told her that the appellant along with deceased were wandering in auto. When appellant returned, Kuraisa asked him about deceased. Appellant told Kuraisa that he left the deceased near temple. Deceased was not found and, therefore, Kuraisa informed the Police, which was written in Rojnamcha Sanha vid

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