JUDGMENT

The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short “Cr.P.C.”] against the judgment dated 26.09.2022 passed by the Court of Special Judge(POCSO) and 13th Additional Sessions Judge, Distt. Indore (M.P.) in S.T. No.251/2020, whereby the appellant has been convicted for the offences punishable under Section 11/12 of Protection of Children from Sexual Offences Act and sentenced to undergo 02 years R.I. with fine of Rs. 1,000/- with default stipulation.

2.

(i) Prosecution case in brief is that on 20.10.2022 at about 11:30 a.m. when complainant's minor daughter – prosecutrix aged about 10 years was playing in front of her uncle's house, appellant on the pretext to give ice-cream to her , called her and with an intent to outrage her modesty, caught hold of her hand and had shown his private part to her. Prosecutrix ran away from the spot and narrated the incident to her mother. On the same day, in the evening, when complainant came back to his house, prosecutrix and her mother narrated the incident to him also. Thereafter, at about 23:55 hours, complainant lodged the FIR (Ex. P-5) at P.S. Hathod, Indore against the appellant for the offences punishable u/S 354 of IPC and Sec 11(i)/12 of POCSO Act. During investigation, police prepared spot map(Ex. P-6), arrested the appellant vide arrest memo (Ex. P-2) and also obtained school scholar register entry(Ex.P- 7'C') about the age of the prosecutrix. Statements of prosecutrix and other prosecution witnesses were recorded and after completion of investigation, chargsheet was filed before the Court of Special Judge(POCSO)/22nd Additional

Sessions Judge,Indore.

3. record, framed the charges under Section 376AB/511, or in alternate u/S 354 of IPC and u/S 5(m)/6, or in alternate u/S 9(m)/10 of POCSO Act and u/S 11/12 of POCSO Act against the appellant who abjured his guilt and prayed for trial and pleaded his false implication in the matter.

4. evidence available on record acquitted the appellant from the offences punishable u/S 376AB/511, or in alternate 354 of IPC and u/S 5(m)/6 or in alternate u/S 9(m)/10 of POCSO Ac, while recorded the findings that prosecution proved its case beyond reasonable doubt against the appellant for the offence punishable under Section 11/13 of POCSO Act and therefore, vide judgment dated 26.09.2022 convicted him for the aforesaid offence and sentenced him, as mentioned in para 1 of this judgment.

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sentence, appellant has preferred this appeal.

6. challenge his conviction and he confines his argument only with regard to the quantum of sentence. He further submits that the appellant has already suffered about 18 months of jail incarceration out of total sentence of 02 years awarded to him. He is a young boy aged about 26 years. He has no criminal antecedents. Therefore looking to the nature of offence, his remaining jail sentence may be reduced to the period of sentence already undergone by him.

7. impugned judgment of conviction and order of sentence submits that the judgment was passed by the Trial Court after proper appreciation of evidence available on record. Hence, impugned judgment is well reasoned establishing the guilt of the appellant beyond reasonable doubt. Therefore, confirming the impugned judgment of conviction and order of sentence, the appeal filed by the appellant may be dismissed.

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record.

9. complainant(PW-3) and birth certificate (Ex. P-4) of the prosecutrix submitted by him about the age of the prosecutrix, it is apparent that, she was minor aged about 10 years at the time of incident.

10 gone to her grand mother's house, appellant on the pretext to give ice cream to her, took her to his house and thereafter take out the towel worn by him and shown his private part to her. Subhash (PW-1) deposed that on the date of incident, when prosecutrix came to his house, appellant called her and thereafter committed the aforesaid act. Complainant (PW-3) deposed that on the date of in