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PREM NARAYAN SINGH
Prahalad Gujar – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
This criminal appeal is preferred under Section 374 of the Code of Criminal Procedure, 1973 by the appellant being crestfallen by the judgment dated 13.09.2021 passed by the learned Additional Sessions Judge, Bhanpura, District-Mandsaur in Sessions Trial No. 46/2020 whereby the appellant has been convicted for the offence punishable under Section 363 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and Section 9(M)/10 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as ‘POCSO Act’) and sentened to undergo 5 years R.I. and 5 years R.I. with fine of Rs.1,000/- and Rs.2,000/- and usual default stipulations.
2. As per the prosecution story, on 31.01.2020, the complainant mother o f the prosecutrix alongwith her husband lodged a report stating that her daughter is studying in Saraswati School and on that day at about 5:30 pm, when she was playing in the courtyard, the present appellant abducted her (prosecutrix) and took her to his home where the appellant touched the prosecutrix illegally to outrage her modesty. When neighbours and other person saw that the appellant was taking prosecutrix to his home, they informed the mot
Attempt to outrage modesty of girl child – Sexual intention of accused is discernible from act of accused.
The court established that in cases involving minors, the presumption of sexual intent is critical, and school records are admissible for age determination.
Conviction under IPC and POCSO Act upheld despite defense claims of contradictions; testimonies of victim and witnesses found credible.
(1) Attempt to outrage modesty of minor girl – In order to bring home charge under Section 354 of IPC thereof, prosecution is required to establish that accused, with criminal or sexual intent, assau....
The act of touching a minor's breast constitutes sexual assault under Section 8 of the POCSO Act, affirming that sexual intent is sufficient to establish culpability irrespective of skin contact.
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