BHARTI JATAV 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 31.7.2014 passed by Additional Sessions Judge, Karera, District Shivpuri in Special Sessions Trial No.26/2014 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 the complainant lodged a FIR.on the allegation that she had gone to market for purchasing medicines for her husband and the prosecutrix was at home. While she was coming back, she found that the prosecutrix was going along with the appellant towards the market and when she enquired, the appellant informed that they are going towards Kacchi Street for getting the goods packed and thereafter he would go to Shivpuri, then she instructed not to take her daughter to Shivpuri. When the prosecutrix did not return back, then she went to the house of the appellant and enquired from his mother who expressed her ignorance. When the whereabouts of the prosecutrix could not be ascertained, then she lodged a FIR.Ex.P/2 and accordingly Crime No.63/2014 for offence under Sections 363, 366 of IPC was registered. After the prosecutrix was recovered, on the information given by her that she was subjected to rape by the appellant, an offence under Section 376 of IPC was also added. Thereafter, on the information given by the father of the prosecutrix, the spot map was prepared. The prosecutrix was sent for medical examination, her ossification test was conducted. The statements of the prosecutrix and her parents were recorded under Section 161 of Cr.P.C. The appellant was arrested and he was also got medically examined. The sealed underwear, vaginal slides which were received from the hospital were sent to FSL. After concluding the investigation, the police filed the charge sheet for offence under Sections 363, 366, 376(1) of IPC and under Section 4 of Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act, 2012").

(3.) The Trial Court by order dated 19.3.2014 framed the charges under Sections 363, 366, 376(1) of IPC and under Section 4 of POCSO Act, 2012.