ORDER

This Criminal Revision, under Section 397 read with Section

401 of the Code of Criminal Procedure, 1973, is filed assailing the judgment of conviction and order of sentence dated 12.12.2006 passed by learned First Additional Sessions Judge, Ashok Nagar, District Guna (M.P.) in Criminal Appeal No.738 of 2006 whereby the judgment of conviction and order of sentence dated 07.11.2006 passed by learned Judicial Magistrate First Class, Ashok Nagar in Criminal Case No.214 of 2005 has been confirmed by which revision-petitioner has been convicted under Section 377 IPC and sentenced to undergo Rigorous Imprisonment for three years with a fine of Rs.10,000/- and in default of payment of fine to undergo additional RI for six months.

2. For the sake of convenience, revision-petitioner/Pappu shall be referred as “Accused”.

3. The exposition of facts, giving rise to this revision-petition, is as under:- (A) The father of the victim reported to Police Station Kachnar, District Guna (M.P.) that on 21.02.2001, his son aged around five years was playing near girls school. He was working in farmyard (Khalihan). He heard cries of his son. So, he and his wife Kusum Bai reached near Lohre Ghat of river. They saw that their son was lying on the ground and accused-Pappu was committing intercourse against the nature with their son. Their son was crying. When accused Pappu saw them coming, he fled away. On such allegations, Police Station Kachnar, District Guna (M.P.) registered FIR at Crime No.14/2001 for the offence punishable under Section 377 of IPC against accused. Victim was forwarded for medico-legal examination. Accused was arrested. Relevant seizures were made. Statements of witnesses were recorded.

On completion of investigation, Final Report was submitted.

(B) Learned Judicial Magistrate First Class, Ashok Nagar framed charges for the offence punishable under Section 377 of IPC against the accused. On completion of trial, after hearing both the parties, learned Judicial Magistrate First Class, Ashok Nagar, Guna (M.P.) convicted the accused for offence punishable under Section 377 of IPC and sentenced him to undergo Rigorous Imprisonment for three years with fine of Rs.10,000/- with default stipulation of six months' RI in case of default in payment of fine amount vide judgment of conviction and order of sentence dated 07.11.2006 passed in Criminal Case No.214 of 2005.

(C) Feeling aggrieved by the judgment of conviction and order of sentence dated 07.11.2006, convict Pappu preferred appeal under Section 374 of Cr.P.C. before the learned Sessions Judge. The learned First Additional Sessions Judge, Ashok Nagar, District – Guna (M.P.) rejected the appeal and confirmed the judgment of conviction and order of sentence vide judgment dated 12.12.2006 in Criminal Appeal No.738 of 2006.

4. This Criminal Revision is filed assailing the concurrent findings of conviction and concurrent order of sentence on the following grounds:

(A) (PW-1) and (PW-2) are parents of the victim (PW-3), therefore, they are related and interested witnesses. No independent witness was examined by the prosecution;

(B) There are material inconsistencies in the version of incident stated by father (PW-1) and mother (PW-2) of the victim;

(C) The accused was aged 17 years. The learned courts below have committed error in sentencing him for rigorous imprisonment for three years.

On these grounds, it is prayed that the impugned judgment of conviction and order of sentence be set aside and the petitioner be acquitted.

5. Learned counsel for the petitioner, in addition to the grounds mentioned in the revision-petition, contends that there was enmity between the parties over grazing of cattle. There is a discrepancy with regard to apparel worn by the victim at the time of incident. The parents of the victim state that victim was wearing Pajama whereas Victim (PW-3) stated that he was wearing pant. Learned counsel further submits that there is a delay in lodging the FIR. The learned Trial C