JEETU ALIAS JITENDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under section 374(2) of Cr.P.C., 1973 has been filed against the judgment dated 09.06.2014 passed by Shri Ajay Shrivastava, 3rd Additional Sessions Judge, Vidisha in Special Trial No. 14/2013, by which the appellant was convicted for an offence under Section 354(A) of IPC and section 7 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and was sentenced to undergo rigorous imprisonment of three years and a fine of Rs. 500/- and rigorous imprisonment of four years and a fine of Rs. 500/- with default imprisonment, respectively.

(2.) The necessary facts for the disposal of the present appeal, in short, are that on 26.02.2013 the prosecutrix, who is aged about 9 years, had gone to the school. At about 02:30 PM after the school was over, the prosecutrix went behind the school for taking plum (ber), where the appellant called her in a room and started doing indecent act with her, on her screaming, mother of the prosecutrix, who used to make the chapati in the school, reached there and then the prosecutrix informed that the appellant had kissed on her cheek and touched her body. Thereafter, mother of the prosecutrix tried to trace out the appellant in the village but he was not found. Accordingly, a written complaint was made and on the basis of which, police registered a FIR for an offence under Section 354 of IPC in Crime No. 36/2013.

(3.) During the investigation, prosecutrix was got medically examined. The appellant was arrested. A spot map was prepared. Statements of the witnesses were recorded and accordingly a charge-sheet for an offence under Section 354 of IPC and under Section 7 and 8 of POCSO Act was filed.