ROOPJI @ KRISHNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 23.07.2012 passed by the learned First Additional Sessions Judge, Balaghat in ST. No. 48/2012 whereby the appellant was convicted for the offence punishable under Section 354 of I.P.C and sentenced for one year's simple imprisonment with fine of Rs.500.00 and in default of payment of fine three months simple imprisonment was directed.

(2.) THE prosecution case in short is that on 03-04-11, at about 12:15 p.m in the evening, the prosecutrix (PW-1) was playing with other children in the locality at village Swathi Police Station Kirnapur District Balaghat. The appellant went to the spot and he gave some money to the brother and sister of the prosecutrix and thereafter, he picked up the prosecutrix and took her in a room and he promised her to pay a sum of Rs. 200.00 and thereafter, he removed the underwear of the prosecutrix and lay upon her. On shouting of the prosecutrix her maternal grandmother came to the spot and thereafter, the appellant ran away. On 04-04-11, an FIR was lodged by Laxmi Bai (PW-2), the grandmother of the prosecutrix and thereafter, a case was registered. After due investigation, a charge-sheet was filed before the JMFC, Balaghat who committed the case to the Sessions Judge, Balaghat and ultimately it was transferred to the Second Additional Sessions Judge, Balaghat.

(3.) THE learned Additional Sessions Judge after considering the prosecution evidence convicted the appellant for the offence punishable under Section 354 of IPC and sentenced as mentioned above.