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2022 Supreme(MP) 250

ROHIT ARYA, MILIND RAMESH PHADKE
Banwari – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Sameer Kumar Shrivastava for appellant; Naval Kumar Gupta, Government Advocate for respondent/State.

JUDGMENT

1. The present appeal had been directed against the judgment of conviction and order of sentence dated 26.10.2018 passed in Sessions Trial No.69/2016 by the Special Judge, Protection of Children from Sexual Offences Act, 2012, Dabra, District Gwalior, whereby the appellant though had been held guilty and convicted under section 376(2)(i)(n), 506 IPC read with section 5 & 6 of Protection of Children from Sexual Offences Act, 2012 and had been sentenced to undergo life imprisonment for his entire natural life with a fine of Rs.5,000/- under section 376(2)(i) (n) IPC and in the event of default in depositing the fine amount had to undergo a further period of 1 year R.I, under section 506 IPC 1 year R.I and a fine of Rs.300/-, in default in depositing fine amount had to undergo a further period of 3 months R.I.

2. The case of the prosecution in nutshell is that on 24.2.2016 prosecutrix along with Saba Rehman and Mamta Singh lodged a report with Police Station Dabra, District Gwalior that two years back when she was living with her paternal grandparents at Ambedkar Colony, Pichore Square, Dabra and as her mother had already passed away and father had contracted second marriage,

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