ABDUL SALEEM KHAN Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 9.9.2011, passed by 13 th Additional Sessions Judge, Bhopal in S.T. No.242/2010, convicting the appellant under Section 354 of I.P.C. and sentenced to one year R.I. and with fine of Rs.2000/- .

(2.) Facts, in short, are that on 6.1.2010 at about 4.30 p.m. while prosecutrix aged seven years (PW-1) was playing on the roof of Adarsh Market with other children, appellant reached and asked other children to go away and subjected her to some un-decent assault even attempted for rape. Prosecutrix (PW-1) was asked by the appellant to not to tell the incident to anybody. Feeling pain on her private part, prosecutrix narrated the incident to her mother next day i.e. 7.1.2010. F.I.R. Ex.P/1 was lodged by Disha Shivdasani, mother of prosecutrix (PW-2) on 8.1.2010 at Police Station Piplani. A case at Crime No.25/2010 under Section 376/511 of IPC was registered against the appellant. Prosecutrix was sent for her medical examination. Appellant was arrested on 8.1.2010.

(3.) Completing investigation, Police Piplani, citing 11 witnesses, submitted charge sheet against the appellant under Sections 376/511 and 354 of IPC. Trial Court framed charges under Section 376/511 of IPC on the appellant. Appellant abjured guilt. Defence of the appellant in trial Court was that of false implication.