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2016 Supreme(MP) 628

RAJENDRA MAHAJAN
Vasudev @ Kalu – Appellant
Versus
State of M. P. – Respondent


Advocates:
K.S. Rajput for appellant;
R.N. Yadav, Panel Lawyer for respondent/State.

JUDGMENT

1. Feeling aggrieved by the impugned judgment of conviction and order of sentence dated 29.1.2014 passed by the Sessions Judge Khandwa and Special Judge under the Protection of Children from Sexual Offences Act, 2012 (for short ‘the POCSO Act’) in Special Case No.62/2013, convicting the appellant under sections 354A of the IPC and 7 r/w 8 of the POCSO Act and thereby sentencing him to suffer on first count RI for two years with a fine of Rs.500/- and second count RI for three years with a fine of Rs.500/- with default stipulations and directing that all the punishments of imprisonment shall run concurrently, the appellant has preferred this appeal under section 374(2) of the CrPC.

2. The prosecution case in nut shell is as under :

(2.1) On 2.10.2013 at about 10:20 a.m. the victim girl (PW2) accompanied with her mother Shalini (PW3) lodged an oral FIR at Police Station Chhaigaon Makhan of Khandwa district stating that she is a student of 10th class and commutes from her native village Chhaigaon Makhan to Khandwa town to attend her regular and computer classes. On the self-same-day at about 7:30 a.m., she was waiting for a public transport at the Bus Stand Chhaigaon Makhan to g































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