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PREM NARAYAN SINGH
Nageshwar S/o Rameshwar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Shri Salil Ekadi, Advocate
For the Respondent:Shri Anendr Singh Parihar, Government Advocate

JUDGMENT

With consent of the parties heard finally.

This criminal appeal under Section 374 of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dated 08.07.2021 passed by the learned Special Judge, Protection of Children from Sexual Offences, 2012 (hereinafter referred as to ‘POCSO Act’), District-Mandsaur in Sessions Trial No. 208/2020, whereby the appellant has been convicted for the offence under Section 7/8 of the POCSO Act for 3 years R.I. with fine of Rs.4,000/- and default stipulation.

2. The Prosecution case in a nutshell is that on 15.11.2020, the prosecutrix has filed a report to the effect that she was a student of 9th Class and at about 5:00 p.m., the prosecutrix was returning from her relative’s home, where the appellant/accused caught her hand with bad intention and pulled her clothes. When she cried, her uncle Manish (PW-3) came and following that the appellant fled away threatening her. On this complaint, in Police Station-Daloda, District-Mandsaur, offences under Sections 354 & 506 of the Indian Penal Code, 1860 (hereinafter referred as to ‘IPC’) and Section 7/8 of POCSO Act, were registered against the appellant. After completing the inve

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