STATE OF CHHATISGARH Vs. TEEPU SULTAN ALI

JUDGEMENT

(1.) Heard on admission.

(2.) This petition has been fled under Sec. 378(3) of the Code of Criminal Procedure seeking leave to appeal against the judgment impugned dtd. 28/3/2017 passed by Special Additional Sessions Judge in Special Sessions Case No. 44/2015 acquitting the respondents/accused of the charge under Ss. 354, 323 IPC and 8 of the POCSO Act.

(3.) The case put forth by the prosecution in short is that on 9/9/2015 at about 2 PM one Krishna Kumar had caught hold of the hands of the prosecutrix in the verandah of the Government Higher Secondary School, Chhuri with an intention to outrage her modesty, which ended up in scuffle between the two. Allegedly, said Krishna Kumar had then called his sister Urmila and brother-in-law Johan to the school where ultimately the prosecutrix was scolded by the teacher and a compromise was arrived at. It is alleged that after the prosecutrix reached home, the respondents/accused went to her and putting her under threat of her photographs being displayed on television in order to defame her. After the prosecutrix informed her parents about the incident, written report was made by her to the police on 11/9/2015 based on which FIR Ex. P-3 was registered against the respondents/accused for the offences u/s. 354, 323 IPC and 8 of the POCSO Act. After completion of investigation, challan was also filed against them under the same Sec. followed by framing of charge accordingly.