SHERU Vs. STATE OF M. P.

JUDGEMENT

(1.) Appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 05/04/2019 passed by Additional Sessions Judge, Dharmpuri, District-Dhar in Special Sessions Trial No.12/2018, whereby the appellant has been convicted for offence punishable under Section 354(A) of IPC, 1860 read with Section 7/8 of Protection of Children from Sexual Offences Act, 2012 (for brevity 'The Act, 2012') and sentenced to undergo 1 year & 3 years R.I, with fine amount of Rs.2000/- under each Sections and usual default stipulation.

(2.) Prosecution story in nutshell is that on 07/09/2017, complainant lodged a report at Police Station Dhamnod, District Dhar that 05/09/2017, when she was working at the field of Radhu Pan Vala, then the appellant came there and caught hold of her from the back in order to outrage her modesty, however, she raised alarm and somehow relieved herself from the applicant and ran away from the spot. It is also alleged that the appellant threatened her with dire consequences if she discloses the incident to anyone. Thereafter, prosecutrix returned to her home and narrated the incident to her parents. On the basis of which Police registered FIR bearing crime No.365/2017 against the appellant for offence under Sections 354(A), 506 of IPC, 1860 read with Section 7/8 of 'The Act, 2012'.

(3.) During investigation, police prepared spot map, recorded the statement of the witnesses and arrested the appellant. After completion of investigation, Police filed charge-sheet against the appellant for offence under Sections 354(A) and 506 of IPC, 1860 read with Section 7/8 of 'The Act, 2012'.