AMJAD Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against judgement and order dated 04.12.2017 passed in S.T. No.71/17 by ASJ, Mahidpur District, Ujjain whereby the learned trial Court has convicted the appellant under Sections 7/8 of Protection of Children From Sexual Offences Act, 2012 (for short "POCSO Act") and under section 323 of IPC and sentenced him for 4 years R.I. with fine of Rs.5,000/- in default additional 6 months R.I and 3 Months R.I. with fine of Rs.1,000/- in default 15 days additional R.I.

(2.) Prosecution case in brief is that on 17.09.2016, wife of the appellant Swaleha lodged a report stating that her marriage with the appellant was solemnized 12 years back and they were blessed with a daughter Imannaj. Since last two years her husband was doubting her character and was beating, ill-treating and torturing her on this account. She tolerated all his misbehavior/ill-treatment to save her family life, but when he crossed the limits and beat her and threatened her to kill on 17.09.2016, she approached the police and lodged the FIR which was registered at Crime No.393/16 under Section 498-A, 323 and 506 of IPC.

(3.) After registration of the crime, the police recorded her statement under Section 161 of Cr.P.C., in which she reiterated the allegations made in the FIR. Thereafter she was produced before the Court for recording her statements under Section 164 of Cr.P.C. In this statement, she made allegations that her husband was used to molest their minor daughter Imannaj. She narrated before the Judicial Magistrate that once when she was sleeping separate from her husband due to abortion and Imannaj was sleeping with him and due to restlessness, she woke up in the night and when she removed the blanket from her husband and daughter, she saw that her husband was removing panty of her daughter and rubbing/dabbing his hand on her vagina. She revealed this incident before her sister and brother-in-law (Nand and Nandoi) and parents in law (Sas-Sasur), but, they did not believe her. After 15- 20 days, her husband repeated the same incident. This time, when she again revealed this before family members, he confessed and promised not to repeat the same in future. But on 17.09.2016, when she was not at home and Imannaj came back home from her school, he rubbed his hand on her breast and vagina, kissed on her lips and asked her to go to the back side room, suddenly, she reached at home and saw that her daughter was crying. On being asked, she revealed her ordeal before her. When she objected, her husband beat her and tortured her. She also made allegation that the police has not scribed report according to her narration. She also stated in her statements that the appellant also used to harass and beat her for non-fulfillment of his demand of dowry.