STATE OF MADHYA PRADESH Vs. AZIZ SHAH

JUDGEMENT

(1.) Heard.

(2.) Present petition is directed against the judgment dated 11.12.2013 passed by the learned Special Judge under Prevention of Children from Sexual Offence Act, 2012 Khandwa in S.T. No. 34/2013 by which the respondent/accused was acquitted of the charge under Section 354 of the IPC and Sections 7/8 and 11/12 of Prevention of Children from Sexual Offence Act.

(3.) Considering the evidence of prosecutrix PW1 aged about 7 years, it is revealed that respondent caught hands of the girl and attempted to open his own 'Paijama', thereafter, mother of the girl PW2 reached on the scene of the occurrence. Trial Court in para-17 has considered the aforesaid evidence in right perspective and extended the benefit of doubt because only he touched the hands of the girl and nothing more would have been done by the respondent with the girl.