GAURAV SINGH CHAUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant /accursed has filed this appeal under Section 374(2) of Cr.P.C. being aggrieved by judgment of conviction and order of sentence dated 18/4/2016 passed by Sessions Judge, Bhind in Sessions Trial No. 120/2016; wherein, appellant has been held guilty of offence punishable under Section 363 of IPC and Section 7/8 of POCSO Act and sentenced to suffer jail sentence for 5 years RI with fine of Rs. 20,000/- alongwith default stipulation for offence under Section 363 of IPC and for offence under Section 7/8 of POCSO Act, appellant has been sentenced to suffer 10 years RI with fine of Rs. 50,000/- and in default of payment of fine to further undergo 1 years additional simple imprisonment.

(2.) As per the case of prosecution, on 11/3/2016 victim (PW/1) alongwith her mother and grandmother filed a complaint , on which FIR (Ex. P/1) was registered with the allegation that she came to Bhind for attending a marriage and when she was playing in Dharmshala around 10.30-11 pm in the night, accused came and took her upstairs in a room, where, he disrobed her and with the help of knife intimidated her and put his sex organ into her mouth. Some people including the relatives of victim knocked the door and took him for beating. Case was registered.

(3.) On lodging of the First Information Report, criminal law triggered and set in motion. Case was registered. Incident occurred on 10/3/2016 and complaint was registered on 11/3/2016 and accused was arrested on 12/3/20916.After the investigation was over, charge sheet submitted in the committal Court, which on its turn committed the case to the Sessions Court where the accused was tried. Learned Trial Judge on the basis of allegations made in the charge sheet framed charge under Section 363 of IPC and Section 7/8 of POCSO Act, which the accused denied and requested for the trial.