AYYAZ MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of the Cr.P.C. is filed by the appellant being aggrieved of the judgment dtd. 6/9/2022 passed by learned Third Additional Sessions Judge/Special Judge, Protection of Children from Sexual Offences Act, 2012, Deosar, District Singrauli (M.P.), in Special Case No.59 of 2020, whereby appellant has been convicted for offences as under:-

(2.) According to the case of the prosecution, on 26/6/2019, a missing report was lodged by the mother of the prosecutrix to the effect that on 25/6/2019, the prosecutrix had gone to see a Baraat in the neighbourhood but did not come back. On being enquired, a friend of the prosecutrix informed that the prosecutrix had gone towards the river. Thereafter the prosecutrix was searched at various places but could not be traced. On the basis of aforesaid report, an FIR was lodged against unknown person vide crime no. 252 of 2019 under Sec. 363 of the Indian Penal Code at Police Station Jiyawan.

(3.) During course of investigation on 27/6/2019, the prosecutrix was recovered from the house of the appellant at village Harra Chandel. On the said date, the statements of the father of the prosecutrix and friend of the prosecutrix were recorded. On 28/6/2019, after obtaining the consent of the parents of the prosecutrix, the prosecutrix was sent for medical examination to District Hospital Waidhan. On 28/6/2019, the police statement of the prosecutrix was recorded. On investigation, it was found that the appellant committed sexual intercourse with the prosecutrix under the false pretext of marriage on the back side of the house of the prosecutrix and thereafter in the house of the appellant.