BHURA @ MOHAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is filed being aggrieved of the judgment dtd. 23/12/2024 passed by learned Special Judge (POCSO Act, 2012)/ 3rd Addl. Sessions Judge, Damoh in SCATR No. 87 of 2022, whereby learned trial Court has convicted the present appellant Bhura @ Mohan Singh S/o Angad Singh Lodhi aged about 33 years under Ss. 363, 366 of Indian Penal Code, 5(? )/6 of POCSO Act, 2012 and under Sec. 3(2)(v) of the SC/ST (Prevention of Atrocities Act, 1989 and has sentenced as under:

(2.) Learned counsel for the appellant submits that, prosecution story in short is that, father of the victim had appeared before Police Station Jabera on 24/3/2022 and lodged a report, stating therein that on 23/3/2022 complainant, his wife and children had gone to sleep after having their dinner. His elder and younger daughters were sleeping with their grandmother in the open courtyard when at about 03:00 a.m. somebody had abducted his daughter and violated her privacy after taking her behind Manoranjan Bhawan. Victim returned to her home at about 04:30 a.m. narrated her story and she was taken to the Jabera Hospital from where she was referred to the District Hospital, Damoh.

(3.) On the basis of said narration, Crime No. 106 of 2022 was registered against unknown person under Sec. 363, 376 and 376A, B of IPC and Sec. 3, 4, 5m, and 6 of POCSO Act, 2012. Matter was investigated. Statements of the victim were recorded under Sec. 161 Cr.P.C. She was subjected to MLC then her statements under Sec. 164 Cr.P.C. were recorded. Upon completion of investigation, charge- sheet was filed under Sec. 363, 376, 376DB, 506 IPC, under Sec. 3, 4, 5M, 6 and 5(g)(xxxx) of POCSO Act, 2012 so also under Sec. 3(1) (w)(i), 3(1)(w)(ii), 3(2)(v) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989. Appellant abjured his guilt. Co-accused died during trial, but appellant has been convicted as above.