RAMSWAROOP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal filed under Sec. 374(2) of Criminal Procedure Code (Cr.P.C.) impugns the judgment dtd. 03/7/2015 passed in Special Sessions Case No.60/2014 by learned Special Judge, (Protection of Children from Sexual Offences Act, 2012) (POCSO Act), Seoni, M.P. whereby appellant was held guilty for committing certain offences and directed to undergo the sentences which are mentioned hereinbelow in a tabular form :- <FRM>JUDGEMENT_90_LAWS(MPH)8_2023_1.html</FRM>

(2.) Briefly stated, the case of the prosecution is that the prosecutrix (PW-8) alongwith his younger brother was going to village Tilepani on 31/5/2014 at 2:40 PM. The parents of prosecutrix were at Bhorgarh relating to their employment. Grandparents of prosecutrix were at home and when her brother reached near the house of appellant Ramswaroop, appellant called them and asked them to drink water before proceeding further. The appellant is uncle of prosecutrix and therefore, she and her brother trusted him. The appellant asked the younger brother of prosecutrix to bring 'Bidi' from nearby shop. Consequently, younger brother went to follow the instructions of appellant. The prosecutrix was sitting in the outer room of the house of the appellant. The prosecutrix after some time said that she is leaving but appellant scolded her and stated that you will not go anywhere and caught hold of her. The prosecutrix could escape and tried to run away but appellant followed her and caught hold of her. He forcibly took her inside the house and committed sexual assault. She was further threatened that if she disclose the fact of sexual assault to anybody she will face dire consequences. When appellant went inside to take water, the victim fled away and ultimately reached her village Atama and narrated the incident to her grandparents. When parents of the prosecutrix came back to their village on the next date i.e. 1/6/2014, the prosecutrix informed them about the incident. The parents alongwith prosecutrix reached Police Station Chhapara and lodged the report.

(3.) Vide Crime No.191/2014 offences under Ss. 376(2)(f) and 506 of I.P.C. and 4/8 under POCSO Act were registered through F.I.R. (Ex.P/7). After obtaining consent of prosecutrix and her parents, she was medically examined and medical report (Ex.P/3) was obtained. Statement of prosecutrix under Sec. 164 of Cr.P.C. was recorded. The spot map (Ex.P/9) was prepared.