NITESH PATIDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellants being crestfallen by the judgment dtd. 27/12/2021, passed by Special Judge (Protection of Children from Sexual Offences, 2012)/XIth ,Additional Sessions Judge, Ujjain, in Sessions Trial No.207/2018, whereby appellant Nitesh has been convicted for the offence punishable under Ss. 354, 323 read with Sec. 34 (two counts) of Indian Penal Code, 1860 (hereinafter referred as "I.P.C.") & Sec. 7 read with Sec. 8 of the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO") and sentenced to undergo 01 year R.I., 06 months R.I. (two counts) & 03 years R.I. with fine of Rs.500.00, Rs.500.00 (two counts) and Rs.500.00 respectively and default stipulations and appellants Laxman and Gajendra have been convicted under Sec. 323 of I.P.C. (two counts) and sentenced to undergo for 06 months R.I. (two counts) with fine of Rs.500.00 and default stipulation.

(2.) Before dwelling upon the points in this appeal, it is worth mentioning that appellants Nitesh, Laxman and Gajendra have already been acquitted from the charges of the offence punishable under Sec. 323 of IPC (two counts), on the basis of the compromise petition filed by the injured persons/ complainants Vijay Gaud, Ankit and Himanshi Gaud. Since the offence under Sec. 354 of IPC is not compoundable, the compromise petition with regard to the charges framed against appellant Nitesh Patidar under Sec. 354 of IPC and under Sec. 7/8 of POCSO Act could not be allowed. Thus, this appeal is being decided with regard to the aforesaid offences against appellant No. 1.

(3.) As per the case of prosecution, on 7/2/2018 at about 04:00 pm, the prosecutrix went to take tuition from her tuition teacher's house where one Nitesh Patidar was also used to come for tuition. After tuition at about 5:30 pm, when the prosecutrix was going to her home, Nitesh Patidar gave her a mobile phone and caught her hand with bad intention and asked her to talk to him. Further, the prosecutrix went to her home and told about the incident to her parents. Thereafter, her father, her brother alongwith tuition teacher went to the house of Amarsingh Gehlot where Nitesh Patidar was residing. On reaching thereon, the tuition teacher called Nitesh Patidar. However, Gajendra Singh Gehlot and his son Laxman Gehlot came there and informed them that, Nitesh was not in the house and asked them as to why they came to his brother"s house. Meanwhile, Nitesh Patidar also came on the spot and thereafter, Nitesh alongwith Gajendra and Laxman started beating the father of the prosecutrix and her brother with fists and slapping. They also abused them. During the altercation, Saurabh Bhati, tuition teacher intervened to rescue them. In the course of incident, father of prosecutrix received injuries on chicks, head and stomach. On the same day, the complainant went to police station and lodged a complaint, thereafter, offence was registered against the appellants.