MONU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is filed by the appellant being aggrieved of the judgment of conviction and sentence dtd. 31/03/2023 passed by learned Special Judge, POCSO Act, 2012 District Anuppur (MP) in Special Case No.17/2020 whereby learned trial Court has convicted and sentenced the appellant as follows: <IMG>JUDGEMENT_20_LAWS(MPH)7_2025_1.jpg</IMG>

(2.) The case of the prosecution is that on 08/01/2018 at about 2:00 PM, when the prosecutrix (PW-1) was returning from the house of her friend, at that time the appellant caught hold of her hand and took her near the pond and committed rape on her. Thereafter, prosecutrix returned her home and informed the incident to the family members and lodged the FIR (Ex.P/1). After completing the formalities prosecutrix was medically examined by lady doctor PW-10, medical report is Ex,P/4. Dakhila Kharij Panji (Ex.P/17) regarding date of birth from school was collected. Accused was medically examined. Samples were collected and sent for examination. Statement of prosecutrix under Sec. 164 of Cr.P.C. was recorded. After completing the investigation, charge-sheet was filed before the competent Court.

(3.) . In trial accused denied the charges and sought trial. Statement under Sec. 313 of Cr.P.C. has been recorded wherein accused has stated that he is innocent but has not produced defence evidence. After conducting the trial, the trial Court has convicted the accused/appellant as stated above.