DHUKLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS Appeal is preferred by the accused/appellant being aggrieved by the judgment dated 11.12.2013 passed by the Special Judge, Chhindwara in S.T. No.7/13. By the impugned judgment, the trial judge convicted the appellant for commission of offence under section 7 Read with Section 8 of the Protection of Children from Sexual Offences Act, 2012 (in short 'the Act') and section 506 -II IPC with direction to undergo RI 3 years with fine of Rs.500 in the first count while RI 2 years in the later.

(2.) THE allegation against the appellant is that on 27.3.13, the complainant along with her cousin sister Saraswati had taken her goats to forest for grazing. At around 5.30 in the evening, when they were sitting, appellant came there, taken -out the knife and by placing the same on the neck of the complainant, dragged her towards the forest. Seeing this, cousin sister of the complainant cried and ran from that place. Thereafter, the other family members of the complainant came at the place. The report of the incident was lodged on the same day at around 11.30 in the night at Police Outpost Newton. Thereafter, police registered Crime No. 103/13 for commission of the offences under section 354(A), 506 of the IPC and section 8 of the Act.

(3.) LEARNED counsel appearing on behalf of the appellant submitted that the trial court has committed an error of law in holding the offences proved beyond reasonable doubt against the appellant. The trial court has not considered the cross -examination of the complainant. There are major discrepancies and omissions in the statement of the complainant, hence the appellant is entitled for acquittal from the charges framed against him.