MISS X Vs. SANTOSH SHARMA

JUDGEMENT

(1.) The victim/appellant has preferred the present appeal under Section 372 of Cr.P.C., being aggrieved with the judgment of acquittal dated 13-06-2019 passed by learned District Judge, Sheopur in S.T.No.75/2017 whereby respondents No.1&2 have been acquitted from charge of offences under Sections 341, 354-D(1)(i), 506 Part II and 509 of IPC and Sections 11(1)/12 and 11(4)/12 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'the POCSO Act').

(2.) Precisely stated case of prosecution is that victim aged 17 years lodged a complaint at Police Station, Karahal District Sheopur with the allegations that on 06-08-2017 around 8:30 am when she was coming back with her friend Ranu Tiwari from tuition at Tomar Sir's place and reached Kali Mata temple then the accused persons came on a motorcycle from back side and obstructed the path of victim and made explicit sexual overtures. They expressed their obscene gesture by commenting that she looks good and they love her. Complainant and her friend become frightened and they were told not to narrate the incident to anybody otherwise they will face dire consequences and threatened for death. They returned back to her home and victim narrated the incident to her parents. Thereafter, she along with her father Kamalkishore reached Police Station Karahal District Sheopur where FIR got registered at crime No.120/2017 for offence under Sections 354-D, 341, 506 of IPC and Section 11(1) and 12 of the POCSO Act and investigation started.

(3.) Investigating Officer Sunil Sharma (PW-7) prepared spot map and statement of victim taken under Section 161 and 164 of Cr.P.C. Document of admission register of victim was taken for age determination. Accused persons were arrested and statements of other witnesses were recorded. After investigation, charge-sheet was filed against the accused persons for the offences narrated above.