##PAGE1##

NEUTRAL CITATION NO. 2026:MPHC-JBP:8491

1 CRA-5690-2017

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 29 OF JANUARY, 2026

CRIMINAL APPEAL No. 5690 of 2017

KULDEEP

Versus

THE STATE OF MADHYA PRADESH

Appearance:

Shri Rajnish Kumar Pandey - Advocate for appellant.

Shri Aditya Choubey - Public Prosecutor for State.

JUDGMENT

This appeal has been filed by the present appellant under Section 374(2) of

the Code of Criminal Procedure, 1973 being aggrieved by the judgment of

conviction and order of sentence dated 08.11.2017 passed by the learned Special

Judge SC/ST Act), Betul (M.P.) in SC ATR No.200093 of 2013 whereby the

present appellant/accused has been convicted under Section 354 of the Indian

Penal Code and sentenced to undergo two years RI and fine of Rs.25,000/- with

default stipulation.

2. The case of the prosecution, in brief is that on 16.10.2013, the victim, aged

about 16 years, submitted a written complaint (Ex. P-1) at Police Station Chicholi

stating that she is a resident of village Godhna and a student of Class XII,

attending school at Ratanpur. It was alleged that on 15.10.2013, while she was

proceeding from her house to Ratanpur in her school uniform, the

appellant/accused, a resident of village Godhna intercepted her on the way, caught

hold of her hand, covered her mouth and attempted to drag her. It was further

alleged that the appellant/accused pressed her breast, loosened the string of her

Signature Not Verified

Signed by: DEEPA MISHRA

Signing time: 05-02-2026

10:46:41

NEUTRAL CITATION NO. 2026:MPHC-JBP:8491

2 CRA-5690-2017

salwar and attempted to commit an indecent act. Upon this, the victim managed to

free herself by pushing the appellant/accused and ran away, whereupon the

appellant/accused threatened to kill her. It is further alleged that while returning,

the victim met the school peon Pappu Dabale and one Ganesh, resident of the

village, to whom she narrated the incident. Later, upon reaching home, she

disclosed the incident to her family members. On the basis of the said complaint,

Crime No.233/2013 was registered at Police Station Chicholi against the

appellant/accused for the offences punishable under Section 354-A of the Indian

Penal Code, Section 8 of the Protection of Children from Sexual Offences Act,

2012 and Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

3. During the course of investigation, the complainant was sent to Community

Health Centre, Chicholi for medical examination. The statements of witnesses

were recorded under Section 161 of the Cr.P.C. The appellant/accused was

arrested. Upon completion of investigation, the charge-sheet was filed before the

learned Judicial Magistrate having jurisdiction, who, in turn, committed the case

to this Court for trial in accordance with law.

4. Charges were framed against the appellant/accused under Section 354 of the

Indian Penal Code in alternate Section 8 of the Protection of Children from Sexual

Offences Act, 2012 and Section 3(1)(xi) of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act, which were read over and explained to the

appellant/accused. The appellant/accused pleaded not guilty and claimed trial.

5. In order to bring home the charges, the prosecution examined as many as 04

witnesses, namely victim (PW-1), Shivkala Mehra (PW-2), Smt. Vimla

Choudhary (PW-3) and R.S. Rajput (PW-4) and placed the documents Ex.P-1 to

P-5. In defence, the appellant/accused did not choose to examine any witness.

Signature Not Verified

Signed by: DEEPA MISHRA

Signing time: 05-02-2026

10:46:41

NEUTRAL CITATION NO. 2026:MPHC-JBP:8491

3 CRA-5690-2017

6. The learned trial Judge after appreciating and marshalling the evidence vide

impugned judgment has acquitted the appellant Section 8 of the Protection of

Children from Sexual Offences Act, 2012 and Section 3(1)(xi) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, but convicted him for

the commission of offe