CHHOTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 of the Code of Criminal Procedure, 1973 has been filed by the appellant being aggrieved by the judgment dtd. 13/9/2019 passed by the learned Additional District Sessions Judge, Sujalpur, District Shajapur in Sessions Trial No. 178/2016, whereby the appellant has been convicted for the offence under Ss. 363 and 366 of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') and Sec. 5(L)/6 of the Protection of Children from Sexual Offence Act, 2012 (in short 'POCSO Act') for 3 years R.I., 07 years RI and 10 years R.I. with fine of Rs.500.00, Rs.500.00 and Rs.2,000.00 and default stipulations.

(2.) The Prosecution case in a nutshell is that the complainant has filed an oral complaint 23/6/2016 stating that on 19/6/2016, he himself alongwith wife were watching TV after dinner. At that time, his son and victim/ his daughter was sitting at the gate. At about 10:00 o"clock in the night, he saw, his daughter aged 16 years was not there. The back gate of the house was opened. He searched his daughter in village and nearby the village, but he did not find out her. One Chhotu S/o Ranjeet was living in Sarkari Bhawan in front of his house, he was also missing from the same day. Chhotu took his daughter. On this complaint, in Police Station-Avantipur, District-Badodiya, District Shajapur, offences under Ss. 363, 366 of IPC. During the investigation, Sec. 3/4 and 5(L) of POCSO Act, were added in the crime against the appellant. After completing the investigation, charge-sheet was filed and on the basis of available record, charges under Ss. 363, 366 of IPC and Sec. 5(L)/6 of POCSO Act 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 13 witnesses namely the prosecutrix (PW-1), Shankarlal, father of the prosecutrix (PW-2), Shardabai, mother of the prosecutrix (PW-3), Durgaprasad (PW-4), Dr. D. Badodiya, Medical Officer (PW-5), Kailash (PW-6), Amarsingh Malviya (PW-7), Akhilesh (PW-8), Ramchandra (PW-9), Vishnu (PW-10), Donatus Ikka, ASI (PW-11), Rewal Singh, Inspector (PW-12), Dr. Asharani Jain, Gynecologist Specialist (PW-13). On behalf of defence, no witness was furnished.