RANJEET Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under section 374 (2) of Cr.P.C , 1973has been filed to assail the judgment and conviction dated 18.4.2017 passed by Special Judge [under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 for brevity Act, 1989] Khandwa in Special Case No.82/2014, wherein the appellant has been convicted for offence under Sections 342, 323 and 354 of IPC and sentenced to only fine of Rs. 600/-, rigorous imprisonment for three years with fine of Rs. 1500/- with stipulated default. Apart from this, the appellant has also been convicted for offence under Section 7/8 of Protection of Children from Sexual Offences Act, 2012 and sentenced to three years rigorous imprisonment with fine of Rs. 1500/- and for offences under Section 3(1)(11) of the Scheduled Caste and Scheduled Tribe Act, 1989 and sentenced to one year rigorous imprisonment with fine of Rs. 500/- with stipulated default.

(2.) The prosecution story in brief, is that the minor prosecutrix was sent by her mother to the house of the accused for obtaining ghee at about 9 pm on 20.2.2014. When the prosecutrix came to the house of the accused and asked whether his mother is present, the accused falsely stated that his mother is inside the house. After the prosecutrix entered into the house calling his mother, she found that his mother is not inside the house. The accused pushed her inside the house and shut the door from inside and threatening her tried to molest. However, the prosecutrix somehow managed to scuffle and came out by opening the door came out. The appellant followed her and caught her hair and threatened her again. Hearing the shouts, Uday Singh and Kalpana Bai and other persons came to the scene of crime.

(3.) Prosecutrix informed the incident to her mother Sajan Bai. The accused was well aware that the prosecutrix is a member of Korku Tribe. After the father of prosecutrix, who had gone out, returned to the house, prosecutrix lodged the report at Police Station-New Harsood. The offence at Crime No.11/2014 vide Exhibit-P/1 was lodged. On the basis of this, Crime No.62/2014 Exhibit-P/8 for offence under Section 354, 342, 323, 506 read with Section 3(1)(11) of the Act, 1989 and the Section 7/8 of the Protection of Children from Sexual Offences Act, 2012 has been lodged. After the same was transferred to Police Station AJAK Khandwa vide Exhibit-P/9 requisition was sent for examination of the prosecutrix. Spot map (Exhibit-P/2) was prepared. The certificate of Caste (Exhibit-P/3) was obtained. Seizure memo (Exhibit-P/12) was prepared. After due investigation, charge-sheet has been filed.