BABULAL BABA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 28.2.2015 passed by Additional Sessions Judge, Karera, District Shivpuri in Sessions Trial No.107/2014, whereby the appellant has been convicted of the offence punishable under Section 354-A of Indian Penal Code, 1860 (IPC) and Section 8 of Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and sentenced to three years RI with fine of Rs.2000/- for each offence with default stipulation.

(2.) In nutshell, the relevant facts are that on 26.10.2014, at about 1.45 pm, the prosecutrix was studying in her house, at that time appellant came to her house and lifted her frock with intent to molest her. He seduced the prosecutrix that if she pulled on her paijama then he will give Rs.100/- to her. The appellant also applied his hand on the stomach and breast of the prosecutrix. When she shouted then her friend Rani came there. Then the accused ran away from the spot. When the parents of the prosecutrix came to the house, she narrated the incident to them. Thereafter, the prosecutrix lodged an FIR, Ex.P/1, at Police Station Karera. Assistant Sub-Inspector Shri S.S. Chandel went to the spot and prepared a spot map, Ex.P-2. He recorded the statements of Virendra Sahu, Bhikam Singh and Lokendra. The appellant/accused was arrested and ASI Shri Chandel obtained school record with respect to the date of birth of the prosecutrix, in which it was found that her date of birth was 27.3.2004. ASI Smt. Ranjana Khare recorded the statement of prosecutrix and her friend Ku. Rani Sahu. After completion of investigation, charge sheet was filed before the Special Court.

(3.) The appellant abjured his guilt and took a plea that due to the previous enmity he has been falsely implicated in the present matter but he has not produced any witness in his defence.