DINESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 22.4.2017 passed by Special Judge (POCSO Act), Chhattarpur, District Chhattarpur, in Special Case No.102/2015 whereby the appellant has been convicted for the offence under Sections 354-ka(1)(i)(ii), 323 and 307 of the IPC and sentenced to undergo RI for 1 year, R.I. for 1 year and R.I. for 8 years along with fine of Rs.10,000/-, in default 2 years further R.I. respectively.

(2.) The prosecution case, in brief, is that on 23.7.2015 at about 1 PM in village Shyamri, Police Station Civil Lines Chhattarpur when the prosecutrix PW5 was going to Chhattarpur from her village, on the way she met with appellant accused who asked her as to why she is going alone and with bad intention forced her to accompany him to Chhattarpur. When the prosecutrix refused, he abused, caught hold her hand and slapped her with the intention to outrage her modesty. Thereafter, the prosecutrix returned back to her house and narrated the entire incident to her father Bhura. Then her father called the appellant and his father, and enquired about the incident. Some scuffle took place amongst them and during the scuffle appellant assaulted father of the prosecutrix with lathi on his neck and caused grievous injury with an intention to kill him. The incident was reported to the police station Civil Lines, District Chhattarpur where FIR, Ex.P/1 was recorded and Crime No.285/2015 was registered and after investigation charge-sheet was filed against the appellant and his father Heeralal.

(3.) The appellant was tried for commission of offence under sections 341, 294, 323, 354(1)(i)(ii) and 307 read with section 34 of the I.P.C. read with section 11(i)/12 of the POCSO Act and father of the appellant Heeralal was tried for commission of the offence punishable under section 307 read with section 34 of the I.P.C. Appellant and his father abjured the guilt and claimed to be tried. The defence of the appellant is that he has been falsely implicated. At the time of incident victim Bhura had beaten him and as Bhura fell down, he sustained injury on his head. However, father of the appellant has taken the plea of alibi. After completion of trial, the learned trial court has convicted and sentenced the appellant as mentioned above. However, father of the appellant was convicted under section 323 of the I.P.C. and sentenced to the period already undergone by him. No appeal has been filed against the said order of conviction.