JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short "Cr.P.C."] against the judgement dtd. 24/8/2016 passed by the Additional Sessions Judge, Badwah, District Khargone (M.P.) in S.T. No.13/2015, whereby the appellant has been convicted under Ss. 363, 366 and 376(2)(i) of the Indian Penal Code (in short "IPC") alongwith Sec. 3/4 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and sentenced him to undergo RI for 2 years with fine of Rs.1,000.00, RI for 3 years with fine of Rs.1,000.00, RI for 10 years with fine of Rs.2,000.00 and RI for 7 years with fine of Rs.2,000.00 and in default of payment of fine, to undergo additional RI for 1 month, 1 month, 2 months and 2 months respectively.

(2.) Prosecution story, in brief is as follows :-

(3.) Learned Trial Court considering the material prima-facie available on record, framed the charges under Ss. 363, 366, 376(2)(i) and 376(2)(n) of IPC and also under Sec. 3/4 of the POCSO Act against the appellant, who abjured his guilt and prayed for trial. In his statement recorded under Sec. 313 of Cr.P.C., the appellant pleaded his false implication in the matter. In support of his defense, he did not examine any witness.