CHEDDU @ CHEDA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against judgment and order dated 09/02/2018 passed in Special Sessions Trial No.94/2015 by 2nd Additional Sessions Judge, Sendhwa, District-Barwani, whereby the learned trial Court has convicted the appellant for offence punishable under Sections 376, 506 Part II of IPC and Section 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter for brevity "the POCSO Act") and awarded 7 years RI, 1 year RI and 7 years RI and fine of Rs. 3000/-, Rs. 200/- and Rs. 3000/- respectively; in default of payment of fine, further to undergo 4 months, 2 months and 4 months RI respectively.

(2.) Background facts sans unnecessary details are that on 26.08.2015 at about 11 in the afternoon, the prosecutrix was coming back home along with her cousin (Bima) from the shop of Bihari tailor. On the way near field of Ganpat, suddenly the appellant came out from the maize crop standing on the field. He caught hand of the prosecutrix and dragged her inside the maize crop. She screamed. The appellant pressed her mouth and threatened her to keep quite else he will kill her. He pushed her on the ground and forcibly raped her. Somehow she got rid of him. By that time, Radheshyam, his wife and Kamala reached there. Seeing them, the accused fled from the spot. She revealed the incident before them and thereafter before her parents and Patel Vahriya of the village and lodged a report (Ex.P/1) at Police Station-Sendhwa.

(3.) The police registered Crime No.351/2015, got prosecutrix examined by the doctor, prepared spot map, produced the prosecutrix before the Judicial Magistrate and got recorded her statement under Section 164 of Cr.P.C., to ascertain the age of the prosecutrix, got her X-ray done, Xray report is Ex.P/11 and X-ray plate is Ex.P/10. Her radiological age was estimated by the doctor between 16 to18 years. The police arrested the accused, got him medically examined, seized pubic hair, semen slide, underwear of the accused and vaginal slide & swab, cervical slide & swab, pubic hair, underwear of the prosecutrix and sent them for chemical analysis to the FSL and obtained report Ex.P/18. After completing investigation, the police filed charge-sheet.