HARISH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal is preferred under Sec. 374 of Cr.P.C. by the appellant being aggrieved by the judgment dtd. 23/11/2024, passed by Special Judge (POCSO Act)/ 6th ASJ, Ujjain, District Ujjain, in S.T. No.455/2018, whereby the appellant has been convicted for the offence punishable under Sec. 354 of IPC, 1860 and Sec. 9(m)/10 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 01 years and 05 years R.I with fine of Rs.500.00 under each Sec. and usual default stipulation.

(2.) As per the prosecution story, the complainant alongwith her son lodged an FIR at police station Chimanganj Mandi by submitting that on 21/1/2018 at about 09:45 PM, she has sent her grand daughter i.e. the prosecutrix on the nearest shop to take some sugar, but after some moment, the prosecutrix came back and she was crying by saying that the appellant has lift her in his hands, kissed her and touched her with wrong intentions and when she cried, the appellant has fled away from the spot by threatening her if she disclose the incident to someone, he will kill her. Based on the said complaint, The police registered the offence under Sec. 354 and 506 of IPC and under Sec. 7/8 of POCSO Act.

(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 Sec. 354 and 506 of IPC, 1860 and Sec. 7/8 of Protection of Children from Sexual Offences Act, 2012.