SALMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Cr.P.C. has been filed assailing the impugned judgment dated 22.01.2016 passed by 3rd Additional Sessions Judge, Burhanpur, District Burhanpur in Special Session Trial No. 24/15 whereby the appellant has been convicted under Section 376 (2) (n) of the IPC and sentenced him to undergo RI for 10 years along with fine of Rs. 3000/-, in default of payment of fine, further additional RI for 6 months and also convicted under Section 5 (l) r/w Sec.6 of the POCSO Act but not sentenced as per the provisions of Section 42 of the POCSO Act.

(2.) The prosecution case, in short, is that the appellant / accused and the prosecutrix were residing in the same vicinity and on 8.5.2015 the prosecutrix lodged FIR at Police Station Shikarpura, District Burhanpur, against the appellant to the effect that since last one year the appellant was making sexual intercourse with her on the basis of promise of marriage. Now, he has denied marrying with her. Hence, she has been sexually exploited by the appellant. Report was registered at Crime No. 119/15 in Police Station Shikarpura, District Burhanpur for the offence under Section 376 of the IPC and the prosecutrix was medically examined. During the investigation, about her age school certificate with regard to entry of date of birth of the prosecutrix was collected from the concerned school and after completion of other formalities of the investigation, finding the prosecutrix minor, charge sheet under section 376 (2) (n) of the IPC and under Section 5 (l) r/w. Sec. 6 of the POCSO Act was filed. The case was tried by 3rd Additional Sessions Judge, Burhanpur and the charges were framed against the appellant.

(3.) The appellant-accused abjured his guilt and pleaded complete innocence and also claimed to be tried. The defence of the appellant was that he is innocent and he has been falsely implicated in the case.