With consent of the parties heard finally.

1. This criminal appeal under Section 374 of Cr.P.C. has been filed

by the appellant being aggrieved by the judgment dated 08.07.2021

passed by the learned Special Judge, Protection of Children from

Sexual Offences, 2012 (hereinafter referred as to ‘POCSO Act’),

District-Mandsaur in Sessions Trial No. 208/2020, whereby the

appellant has been convicted for the offence under Section 7/8 of

the POCSO Act for 3 years R.I. with fine of Rs.4,000/- and default

stipulation.

2. The Prosecution case in a nutshell is that on 15.11.2020, the

prosecutrix has filed a report to the effect that she was a student of

9^th Class and at about 5:00 p.m., the prosecutrix was returning from

her relative's home, where the appellant/accused caught her hand

with bad intention and pulled her clothes. When she cried, her uncle

Manish (PW-3) came and following that the appellant fled away

threatening her. On this complaint, in Police Station-Daloda,

District-Mandsaur, offences under Sections 354 & 506 of the Indian

Penal Code, 1860 (hereinafter referred as to 'IPC') and Section 7/8

of POCSO Act, were registered against the appellant. After

completing the investigation, charge-sheet was filed and on the

basis of available record, charges under Sections 354 and 506 of

IPC were framed. In turn, the accused/appellant abjured his guilt

and prayed for trial.

3. In order to bring home the charges, the prosecution has adduced

as many as seven witnesses namely the prosecutrix (PW-1), father

of the prosecutrix (PW-2), Manish (PW-3), Sunil Kumawat (PW-4),

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Laxmi Sisodiya (PW-5), Smt. Kavita (PW-6), Uma Dohre (PW-7).

On behalf of defence, no witness was furnished.

4. The learned trial Court having relied upon the testimonies of the

prosecution witnesses and other documents like FIR and scholar

register, convicted the appellant for the offence under Section 354

of IPC and Section 7/8 of POCSO Act and only sentenced for the

offence under Section 7/8 of POCSO Act for 3 years R.I. with fine

of Rs.4,000/- and default stipulation.

5. Being disgruntled from the findings and conviction of sentence,

the appellant has preferred this appeal on various grounds. Learned

counsel for the appellant has submitted that the impugned judgment

is perverse in view of the law and facts. The learned trial Court has

erred in passing the order of conviction and sentencing the accused

on the basis of contradictory evidence of prosecution. The age of the

prosecutrix is also not properly pondered. There is no sexual assault

instincts on part of the appellant established by the prosecution.

Hence, prayed for acquittal in this case. It has also been submitted

that the appellant has falsely been implicated in this case on the

basis of some old animosity. Therefore, the appellant is liable to be

acquitted.

6. In backdrop of the contentions, the question for determination is

as to whether the appellant has assaulted the prosecutrix to outrage

her modesty with sexual instinct.

7. At the outset, in view of the rival contentions, testimony of

prosecutrix (PW-1) is required to be ruminated. The prosecutrix has

testified that she was returning after leaving her grandfather's sister

(Papa ki bua) and in front of Rambilas's house, the accused was

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coming. In this sequence, he put her hand in her shoulder and pulled

her clothes. Whereupon, she cried and on her screaming, her uncle

Manish (PW-3) came. On coming of her uncle, the appellant fled

away from there. The aforesaid statement recorded in examination-

in-chief, has not been shaken in her cross-examination.

8. In this regard, father of the prosecutrix (PW-2) has also stated

that when he was returning from the well, the prosecutrix was

weeping and she narrated the whole incident to him. The statement

of prosecutrix also finds support from the statement of Manish

(PW-3). It also finds support from FIR (Exhibit-P/1) which was

supported by Laxmi Sisodiya, Sub Inspector (PW-5). On medical

examination of the prosecutrix, Sunil Kumawat, Medical Officer

(PW-4) fou