SHISHUPAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 30-4-2015 passed by Additional Sessions Judge, Pichhore, Distt. Shivpuri in S.T. No. 89 of 2014, by which the appellant has been convicted for the following offences :

(2.) The necessary facts for the disposal of the present appeal in short are that on 9-6-2014, the complainant Shanti accompanied by her grand son Nabal Singh, lodged a F.I.R. to the effect that her son Sabailal has expired about 10 years back, and wife has left the house about 5 years back and therefore, her grand children are residing with her. Sabailal had two daughters and one son. The prosecutrix is aged about 13 years and was on visiting terms with the appellant. On 8-6-2014, all of them went to sleep and when She woke up in the morning, She found that the prosecutrix is missing. When it was enquired in the village, then it was found that appellant is also not in the village. Thus, it was alleged, that the appellant has taken away the prosecutrix. On this report, the police registered the crime no. 150/2014 for offence under Sections 363, 366 of I.P.C. and later on, offence under Section 376 of I.P.C. and under Sections 3/4 and 5/6 of Protection of Children From Sexual Offences Act, 2012 (In short POCSO) were added. The police recovered the prosecutrix on 21-8-2014 from the company of the appellant. The appellant was arrested. The prosecutrix was sent for medical examination. The school record of the prosecutrix was seized. The ossification test was got conducted. After recording the evidence of the witnesses, the police filed the charge sheet for offence under Section 363,366,376 of I.P.C. and under Section 3/4,5/6 of POCSO.

(3.) The Trial Court by order dated 25-9-2014 framed charges under Sections 363,366,376(h)(m) of I.P.C. and under Section 4 of POCSO.