STATE OF M P Vs. RAMRATAN @ BABLU LONI

JUDGEMENT

(1.) This is an application filed under Section 378(3) of Cr.P.C., seeking leave to present an appeal against the impugned judgement of acquittal dated 09.10.2015, passed by the Additional Sessions Judge, Satna, District Satna (MP), in Special S.T.No.168/2014, titled as State of M.P. Vs. Ramratan @ Bablu Loni, acquitting the respondent-Ramratan @ Bablu Loni for offences punishable under Sections 5 read with Section 6 of the Protection of Children from Sexual Offence Act, 2012 (hereinafter referred to as "POCSO Act" for short) and Section 376(2) (n) of Indian Penal Code (hereinafter referred to as the Code for short).

(2.) The case of prosecution is that father of prosecutrix died 8 to 10 years ago. After the death of her father, her mother left her and went elsewhere. Prosecutrix lived with her uncle Rajkumar Loni (PW/1) and aunt Smt. Mamta Loni (PW/4). Accused-respondent used to come to the house of his sister who is living in the neighbourhood of prosecutrix (PW/2), and were known to each other. Seven months prior to 21.10.2014, when uncle Rajkumar (PW/1) and aunt Smt. Mamta Loni (PW/4) of prosecutrix (PW/2) went Katni for treatment and prosecutrix who was alone in the house, accused came to house of prosecutrix and with an assurance to marry her, he committed sexual intercourse with her. It is alleged that subsequently also accused-respondent had sex with prosecutrix several times. She became pregnant. On finding her alone on 28.8.2014, accused-respondent took her to his house. Then he took her to Tahsil office and got written some documents. Thereafter, on getting opportunity, she came back to her home. She narrated the incident to her uncle and aunt. On 21.10.2014, prosecutrix gave written complaint and on the basis of that complaint, Crime No.131/2013 was registered by the Police Amarpatan vide Ex.P/6, against the accused Ramratan @ Bablu Loni for offences punishable under Sections 5 read with Section 6 of the POCSO Act and Section 376(2) (N) of Code.

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