DEEPAK SURYA WANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on I.A. No.16014/2019 under Section 389 (1) of the Code of Criminal Procedure, 1973 for suspension of sentence and grant of bail to the appellant-Deepak Suryawanshi.

(2.) T h e appellant stands convicted for the offence punishable under Section 354 of IPC and Section 10 of POCSO Act and sentenced to undergo R.I. for 5 years along with fine of Rs.1,000/-, with default stipulation. Being aggrieved by that conviction and sentence, the appellant has filed this appeal.

(3.) Heard learned counsel for the parties and perused the statement of prosecutrix. She was 12 years old and below the age of 18 years. She categorically stated that appellant took her inside the laboratory and removed her clothes. He tried to do something with her, but she not stated that the appellant was doing something with her. When her father came on the spot, the appellant tried to flee away from the spot, however, her father chased him and caught hold him.