THE STATE OF MADHYA PRADESH Vs. MONU

JUDGEMENT

(1.) HEARD on the question of leave to appeal.

(2.) THE appellant/State has filed the leave to appeal under Section 378(3) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') alongwith criminal appeal under Section 378(1) of the Cr.P.C. being aggrieved by the judgment dated 14.10.2014 passed by the Court of II Additional Sessions Judge, Hoshangabad in ST No. 151/2014 acquitting the respondent accused for the offences punishable under Sections 363, 366 and 376(2) of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) FACTS of the case, in brief, are that prosecutrix (PW/4), on the day of the happening of the alleged incident i.e. on 20.4.2014, was residing alongwith her mother Malti (PW/2) and father Devi Singh (PW/5) at Fursat Mohalla, Tawa Colony, Dolaria. At about 3:00 a.m., Chotu made her a call and asked her to go to Itarsi to meet respondent -accused Monu @ Laxmikant. Thereafter, she went alongwith Chotu to Itarsi where respondent -accused met her and took her to a village Koudia via Gadarwara where his grandfather Gopal Singh was residing. The respondent -accused committed sex with her two times. An information Exhibit P/9 regarding the missing of his daughter/prosecutrix aged 16 years was lodged by her father Devi Singh (PW/5) at the Police Station, Dolaria. The prosecutrix was recovered on 26.4.2014. After investigation, charge -sheet was filed.