PRAHALAD GUJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of the Code of Criminal Procedure, 1973 by the appellant being crestfallen by the judgment dtd. 13/9/2021 passed by the learned Additional Sessions Judge, Bhanpura, District-Mandsaur in Sessions Trial No. 46/2020 whereby the appellant has been convicted for the offence punishable under Sec. 363 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and Sec. 9(M)/10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') and sentened to undergo 5 years R.I. and 5 years R.I. with fine of Rs.1,000.00 and Rs.2,000.00 and usual default stipulations.

(2.) As per the prosecution story, on 31/1/2020, the complainant mother o f the prosecutrix alongwith her husband lodged a report stating that her daughter is studying in Saraswati School and on that day at about 5:30 pm, when she was playing in the courtyard, the present appellant abducted her (prosecutrix) and took her to his home where the appellant touched the prosecutrix illegally to outrage her modesty. When neighbours and other person saw that the appellant was taking prosecutrix to his home, they informed the mother of prosecutrix about the incident, thereafter, an FIR for the offence punishable under Ss. 363 and 354 of IPC and Sec. 9(M)/10 of POCSO Act was registered against the appellant.

(3.) The police party, following due procedure, arrested the appellant, registered the case against him. After necessary investigation, charge-sheet was filed against the appellant under Ss. 363 and 354 of IPC and Sec. 9(M)/10 of POCSO.