RAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellant being aggrieved by the judgment dated 13.11.2014 passed by the Special/Sessions Judge under Protection of Children from Sexual Offences Act, 2012 (for short "POCSO Act"), Seoni in Special Case No.34/2013, whereby the present appellant has been convicted and sentenced as under:

(2.) In brief, the case of the prosecution is that on 3.7.2013 an FIR was lodged by the prosecutrix aged 13 years stating that she is a Class-VI student and around six months ago when she was coming from her school at 2 O'clock in the afternoon she went near the house of appellant Ram Singh to answer nature's call, at that time appellant Ram Singh came there and enticed her to his house and after threatening her of dire consequences raped her. After the first incident, about which the prosecutrix did not inform anybody, he again committed the rape on 2-3 occasions and again threatened that if she tells anybody about the incident he would kill her mother, father, brother and sister, hence she did not inform the incident to anybody. However, since last 2-3 days she was feeling pain in her stomach and informed her mother, she was taken to the hospital where after examination it was found that she is having six months pregnancy, hence, after she informed her parents, a report was lodged after around six months from the date of incident. After lodging the FIR the appellant/accused was arrested and investigation was conducted. After investigation, the charge sheet was filed before the competent court, and the same was committed to the trial court. The learned Judge of the trial Court, after recording the evidence, convicted the appellant as aforesaid vide judgment dated 13.11.2014, which is under challenge before this Court.

(3.) The defence of the appellant before the trial Court was that he is innocent and has been falsely implicated in the case although he has not examined any witness in his defence.