VIMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 27-4-2015 passed by 2nd Additional Sessions Judge, Sironj, Camp Kurwai, Distt. Vidisha in Special Sessions Trial No. 179 of 2014 by which the appellant has been convicted and sentenced for the following offences :

(2.) The necessary facts for disposal of the present appeal in short are that on 9-11-2004, the complainant Shabir Shah lodged a report, that after doing his labour job, when he came back to his house, he found that his children were crying. His wife informed that the 2 prosecutrix, and his sons Majid and Shahid had gone towards pond for having a bath. The appellant came there and took the prosecutrix towards grave yard on the pretext of giving Rs. 10 and inserted his finger in the private part of the prosecutrix and did Bura Kam. As a result of which bleeding has started from the private part of the prosecutrix. Accordingly, the F.I.R. was lodged in Crime No. 146/2014 for offence under Sections 363,376 of I.P.C. read with Section 4 of Protection of Children from Sexual Offences Act, 2012 (In short POCSO Act). The prosecutrix was sent for medical examination. The statements of the witnesses were recorded. Spot map was prepared. The appellant was arrested . He was got medically examined. The cloths were seized. After completing the investigation, the police filed charge Sheet for offence under Sections 363,376(2)(i) of I.P.C. and under Section 4 of POCSO Act.

(3.) The Trial Court by order dated 19-1-2015 framed charges under Sections 363 and 376 of I.P.C. and under Section 3/4 of POCSO Act.