GOPI DOHRE 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 11-3-2015 passed by Additional Sessions Judge, Lahar, Distt. Bhind in Sessions Trial No.332/2014 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 3-7-2014, at about 8 P.M., the prosecutrix went outside her house in order to answer the call of nature and while she was coming back, she was forcibly taken by the appellant, and when the prosecutrix did not return back, then on 4-7-2014, the father of the prosecutrix lodged a Gum Insaan Report, Ex.P.2. After the prosecutrix was recovered on 7-7- 2014, F.I.R. Ex. P.9 was lodged against the appellant. The prosecutrix was sent for medical examination. The seized articles were sent to F.S.L. The Statements of the witnesses were recorded and after completing the investigation, the police filed the charge sheet against the appellant for offence under Section 363,366A,376 of I.P.C. and under Section 4 of Protection of Children from Sexual Offences Act, 2912 (in short ''POCSO Act '').

(3.) The Trial Court by order dated 12-11-2014 framed charge under Sections 363,366-A,376(1) of I.P.C. and under Section 4 of POCSO Act.