NEELESH BAMORIYA ALIAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 03/12/2019 passed by Additional Sessions Judge (Special Judge, under the provisions of Protection of Children from Sexual Offences Act, 2012), Goharganj, Distt. Raisen (M.P.) in Sessions Trial No.SC/38/2018 whereby appellant stands convicted for the offence punishable under Section 363 of IPC and sentenced to suffer RI for three years along with fine of Rs.300/-, in default of payment of fine, additional RI for two months as well as under Section 11r /w12 of Protection of Children from Sexual Offences Act, 2012(hereinafter referred to as 'POCSO Act') and sentenced to suffer RI for one year along with fine of Rs.200/-, in default of payment of fine, additional RI for one month.

(2.) The case of prosecution against the appellant, in short, is that on 28/11/2018 father of the Prosecutrix (PW2) lodged a missing report bearing No.54/2018 (Ex.P/4) at Police Station Industrial Area, Satlapur to the effect that he is residing in a rental house of Jumman, opposite to Tapti School, Satlapur having six daughters, elder one prosecutrix aged about 12 years 10 months is studying in Class-8 th in Megha Vidya Mandir, not found in the house since morning also alleged some jewallary, ATM and money are missing. Placed a doubt on Appellant Neelesh Ahirwar who residing in the same building .

(3.) On the basis of said missing report, case of missing person (Ex.P/5) and first information report (Ex.P/6) for the offence punishable under Section 363 of IPC registered against suspicious Neelesh Ahirwar at Crime No.325/2018. The matter was taken into investigation. After recovering Prosecutrix she was sent for medical examination, report Ex.P/13 had been obtained. Statement under Section 161 of Cr.P.C. of the prosecutrix were recorded and on her statement, accused were arrested. On the basis of the statement recorded under Section 161 of Cr.P.C., Sections 376 , 506 and 120-B of IPC were added in the case against the accused/appellant and other co accused Bablu. Medical examination report of the appellant is Ex.P/11. Forensic Science Laboratory, Sager report Ex.P/22 received in this regard. After completion of investigation, charge sheet was submitted before the competent Court against the appellant along with co-accused Bablu Ahirwar.