GUDDU BAIGA @ SHIVDAYAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Guddu Baiga @ Shivdayal has assailed the judgment of conviction and order of sentence dated 30.07.2014 passed by learned Ist additional Sessions Judge, Shahdol in S.T.No.332/2013 convicting him for commission of offence under Section 6 of Protection of Children From Sexual Offence Act, 2012 and sentencing him to undergo rigorous imprisonment for ten years with fine of Rs.10,000/-, with default stipulation.

(2.) The prosecution case in short is that on 08.02.2013 at about 8 PM when the prosecutrix (PW/) below 16 years of age was standing outside her house, at that time the present appellant came there and caught her hands and forcefully took her to his Badi and committed sexual intercourse with her. When she tried to raise alarm, the appellant pressed here mouth and also threatened her with dire consequences. Thereafter, again on 10.4.2013, the appellant committed sexual intercourse with her on the pretext of marriage. On 10.12.2013, the prosecutrix told the incident to her uncle Kheddu Baiga (PW/4), her aunty Ramesiya Baiga (PW3) and they tried to conciliate the matter. When the appellant refused to marry with her, then on 11.12.2013, the prosecutrix lodged an FIR at Police Station Burhar, District Shahdol for the offences under Section 376(2)(i)(5) & 506-II of IPC and Section 4 of Protection of Children From Sexual Offence Act, 2012 vide Crime No.852/2013. The appellant was arrested and after completing the investigation, the police filed charge-sheet before the Sessions Court, who committed the matter to the trial Court for trial.

(3.) In order to bring home the charges against appellant, as he denied the same, the prosecution examined witnesses Prosecutrix (PW/1), Smt. Laxmi Patel (PW/2), Smt. Ramesiya Baiga (PW/3), Kheddu Baiga (PW/4), R.B. Bagri (PW/5), L.B. Tiwari (PW/6) and Dr. Richa Gupta (PW/7) and got exhibited P/1 to Ex.P.21. The defence did not choose to examine any witness.