RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Rakesh has preferred the present appeal against the judgment dated 24.05.2014 passed by the Second Additional Session Judge, Dabra, District Gwalior (M.P.) in Session Trial No.100/2014, whereby the appellant has been convicted of offences punishable under Sections 363 and 376 of the Indian Penal Code (in short 'IPC') and Section 6 of the Protection of Children from Sexual Offences Act 2012 (in short 'POCSO' Act) and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs.1000/-, rigorous imprisonment for 10 years with fine of Rs.1000/- and rigorous imprisonment for 10 years with fine of Rs.1000/- respectively with default of payment of fine.

(2.) The prosecution story, in short, is that a missing person report was lodged by Ramsingh (PW-3) on 19.11.2013 at about 5:00 PM in Police Station Dabra, District Gwalior to the effect that his daughter is missing from 5:00 PM evening. On the basis of this report, Crime No.839/2013 for the offences punishable under Sections 363 and 366 of IPC was registered and on 20.12.2013, when the prosecutrix was recovered, a recovery memo (Exhibit P-7) was prepared. The statement of the prosecutrix was recorded in which she has stated that on 19.11.2013 at about 5:00 PM, when she was in her house, the accused Rakesh and Laxman came there. They abducted her and took her his own house situated at village Rai and kept her for three days. Thereafter, they took the prosecutrix at Delhi and kept her in a rented house where they committed sexual intercourse upon her. After recording of the statement, the prosecutrix was handed over to the custody of her parents and punchnama was prepared.

(3.) The consent of the prosecutrix was obtained for medical examination and Dr. Reen Saxena (PW-10) medically examined the prosecutrix. The appellant Rakesh was arrested and he was got medically examined. The school certificate of the prosecutrix was obtained in order to prove her age. Vaginal swab of the prosecutrix as well as undergarment of the appellant were sent to the Forensic Science Laboratory. The statements of the witnesses were recorded. After completion of investigation, the charge-sheet was filed against the appellant Rakesh before the Judicial Magistrate First Class, Dabra who committed the case to Session Court and ultimately it was transferred to the Second Additional Session Judge, Dabra, District Gwalior.