KIRTI PANWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") is preferred against the judgment dated 19/03/2019 passed by Fifteenth Additional Sessions Judge, District Indore in S.S.T. No.155/2017, whereby the appellant has been convicted for offence punishable under Sections 354 / 109 of IPC read with Section 11 / 12 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo 2 years and 2 years R.I, respectively with fine and usual default stipulation.

(2.) The facts of the case, briefly stated, are that the appellant a resident of Sonkatch, District Dewas got admission in B.S.C first year in Gujarati Science College and to pursue her studies she stayed in her aunt's (mousi) house from where she went to her college. It is further alleged that her aunt (mami) the present appellant also stays nearby and the complainant used to visit her house also. Once the present appellant called the complainant to her house, she offered tea to her and thereafter she gave her dress (lehenga) to the complainant and asked her to try the same. When the complainant started the changing her dress at that time a boy came inside the house and caught hold of the complainant from her back and tried to kiss her. It is also alleged that the present appellant took video recording of the incident and started black mailing the complainant to viral the video and introduced her to different people at different times and pressurized the complainant to have sexual intercourse with those persons. Complainant lodged a complaint at Police Station- Banganga against the appellant. On the basis of which FIR bearing crime No.684/2017 has been registered against the appellant for offence under Section 354 , 354(a)(1) of IPC read with Section 7 / 8 of Protection of Children from Sexual Offences Act, 2012. Police visited the spot, prepared the spot map, seized birth certificate & school mark sheet for age proof of the complainant and recorded the statement of the witnesses. The appellant was arrested. After completion of investigation charge-sheet was filed against the appellant for offence punishable under Sections 354 , 354(a)(1) of IPC read with Sections 7 / 8 , 11(iv) , 12 , 16 of Protection of Children from Sexual Offences Act, 2012.

(3.) Appellant abjured her guilt and took a plea that she has been falsely implicated in the present crime due to previous enmity, however, she has not examined any witness in defense.