NAGESHWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dtd. 8/7/2021 passed by the learned Special Judge, Protection of Children from Sexual Offences, 2012 (hereinafter referred as to 'POCSO Act'), District-Mandsaur in Sessions Trial No. 208/2020, whereby the appellant has been convicted for the offence under Sec. 7/8 of the POCSO Act for 3 years R.I. with fine of Rs.4,000.00 and default stipulation.

(2.) The Prosecution case in a nutshell is that on 15/11/2020, the prosecutrix has filed a report to the effect that she was a student of 9th Class and at about 5:00 p.m., the prosecutrix was returning from her relative's home, where the appellant/accused caught her hand with bad intention and pulled her clothes. When she cried, her uncle Manish (PW-3) came and following that the appellant fled away threatening her. On this complaint, in Police Station-Daloda, District-Mandsaur, offences under Ss. 354 and 506 of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') and Sec. 7/8 of POCSO Act, were registered against the appellant. After completing the investigation, charge-sheet was filed and on the basis of available record, charges under Ss. 354 and 506 of IPC were framed. In turn, the accused/appellant abjured his guilt and prayed for trial.

(3.) In order to bring home the charges, the prosecution has adduced as many as seven witnesses namely the prosecutrix (PW-1), father of the prosecutrix (PW-2), Manish (PW-3), Sunil Kumawat (PW-4), Laxmi Sisodiya (PW-5), Smt. Kavita (PW-6), Uma Dohre (PW-7). On behalf of defence, no witness was furnished.