PAYAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for the appellant (in Cr.A.No.6098/2022), prays for withdrawal of I.A.No.29474/2023, an application for suspension of sentence and instead submits that he be allowed to argue this appeal finally. Accordingly, I.A.No.29474/2023, is dismissed as withdrawn. Learned counsel for appellants - Pyar Singh alias Ganjiya and Dangal Singh alias Guddu, are aggrieved of judgment dtd. 30/6/2022, passed by learned Special Judge, POCSO Act, Burhanpur in SC No.20/2019, whereby, appellants have been convicted for offences punishable under Ss. 366 of Indian Penal Code (hereinafter referred to as 'IPC' for short), they are sentenced to undergo R.I. for 05 years with fine of Rs.5,000.00 , Sec. 323 r/w Sec. 34 IPC, they are sentenced to undergo R.I. for 03 months, Sec. 376(3) IPC (r/w Sec. 109 IPC only in respect of appellant Pyar Singh), they are sentenced to undergo R.I. for 20 years with fine of Rs.10,000.00, with default stipulations, respectively, on the basis of a finding that on the date of incident prosecutrix was minor.

(2.) It is submitted that from the record, it is evident that prosecutrix was major and was a consenting party.

(3.) It is submitted that as per the prosecution case on 17/3/2019, complainant, her husband, prosecutrix and other children after having their dinner were sleeping in the courtyard, when at about 11:30 P.M., she woke up and saw that two unknown persons were trying to forcibly take her daughter. She and her husband had resisted, but when the accused tried to assault her husband, then he ran away. Thereafter, one of the assailants had hit her with a wooden stick on her right hand and right thigh. Thereafter, both the persons forcibly abducted the prosecutrix. She could not identify them due to darkness. In the morning, she narrated the story to Bechan Singh and Antar Singh and with them, they had reported the matter at Police Station Nimbola, Dhoolkot Chowki of Burhanpur.