STATE OF MADHYA PRADESH Vs. ANIL KUMAR MAHESHWARI

JUDGEMENT

(1.) This appeal under Sec. 378 (1) of Cr.P.C. has been filed by the appellant/State assailing the judgment and order of acquittal dtd. 22/8/2017 passed in S.T. No.3/2017 (State of M.P. vs .Anil Kumar Maheshwari) by learned First Additional Sessions Judge, District Sehore (M.P.) whereby respondent - Anil Kumar Maheshwari (hereinafter referred to as 'the accused') has been acquitted of the offence under Ss. 7 read with Sec. 8 of the Protection of Children From Sexual Offence Act, 2012 (hereinafter referred to as 'the POCSO Act') and Sec. 354 of IPC.

(2.) The prosecution story in brief is that the prosecutrix (PW-1) appeared at the Kotwali Sehore, District Sehore and lodged a report on 26/12/2016 stating that she is a student of class 5 near Gandhi Shishu Luniya Square. She lives with her family in Nehru Colony. Uncle Anil Maheshwari lives near her house. A few days before Diwali, she went to Anil uncle's house to light a lamp. When she went to place a lamp near Tulsi Ji, at 6-7 pm, uncle put his hand inside her leggings from behind. After this, he pressed her breasts and put his hand inside her clothes. On Thursday, she was on the street of her house. It was 8 pm in the night when Anil uncle touched her breast and pressed it, then put his hand inside her panties from behind and molested her. The day before yesterday, she asked her uncle why he wasn't earning and why he wasn't giving money to her aunt. The uncle made obscene gestures at her and implied that her aunt didn't behave like that with her. In the evening, when her mother returned from the hospital, she told her mother about Anil uncle's behavior and took her along to report the matter. Based on this report, a First Information Report (Exhibit P-1) was registered.

(3.) During the investigation, Spot Map (Ex.P/1) was prepared, the birth certificate (Ex.P/5) relating to date of birth of prosecutrix was seized vide seizure memo (Ex.P/4), accused was arrested vide arrest memo (Ex.P/7) and the statement of witnesses were recorded.