PHIROZ 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 judgment dtd. 11/5/2016 passed by the Court of 13th Additional Sessions Judge, Indore (M.P.) in S.S.T. No.150/2015, whereby the appellant has been convicted for the offences punishable under Ss. 363, 366, 376(2)(I) and 376(2)(N) of the Indian Penal Code, 1860 (in short "IPC") alongwith Sec. 5(l)/6 of the Protection of Children from Sexual Offences Act, 2012 (in short "the POCSO Act") and in view of provisions of Sec. 42 of POCSO Act, sentenced him as follows : <FRM>JUDGEMENT_56_LAWS(MPH)5_2022_1.html</FRM>

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

(3.) Learned Trial Court considering the material prima-facie available on record, framed the charges under Sec. 363, 366, 376(2)(I) and 376(2)(N) of IPC and under Sec. 5L/6 of 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.