CHANDAN MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Appellant-Chandan Mishra @ Shailesh Mishra has filed this appeal to challenge the judgment of conviction and order of sentence dtd. 13/7/2022 passed by Special Judge (P.O.C.S.O. Act), Court No. 1, Gorakhpur in Special Sessions Case No. 32 of 2013, arising out of Case Crime No. 394 of 2013, under Sec. 354-A IPC, Sec. 11/12, Protection of Children from Sexual Offences Act, 2012 and Sec. 3(1)X, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Shahpur, District Gorakhpur.

(2.) The facts leading to the above appeal are that upon a written complaint by Dinesh Chaudhary (complainant), the above mentioned FIR was registered with the allegations that on 29/5/2013, Wednesday at 4:30 p.m., Chandan Mishra, neighbourer took away his daughter to his house, where he molested her and attempted to commit rape. On hearing the screams of the victim, few persons reached at the place of occurrence, but the accused managed to escape. As per complainant, the occurrence was witnessed by Rajesh Chaudhary, Vishal and others. Broadly on these allegations, the above noticed case crime was registered.

(3.) After registration of the case, the investigation was carried out and the statements of the victim and eye-witnesses were recorded and the site plan of the place of occurrence was also prepared. Finally, upon completion of investigation, a final report under Sec. 173(2), Cr.P.C. was filed in the court of competent jurisdiction, thereby sending the accused-appellant to face trial for alleged commission of offences punishable under Sec. 354-A, IPC, Sec. 11/12, Protection of Children from Sexual Offences Act, 2012 and Sec. 3(1)X, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.