Madhya Pradesh High Court
Harjeet Singh vs The State Of Madhya Pradesh on 24 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:7817
1 Cr.A.No.5598 of 2024
IN THE HIGH COURT OF MADHYA PRADESH
AT I N D O R E
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 24th OF MARCH, 2025
CRIMINAL APPEAL No. 5598 of 2024
HARJEET SINGH
Versus
THE STATE OF MADHYA PRADESH
.............................................................................................................................
Appearance:
Shri Gulab Sharma, learned counsel for the appellant.
Shri Vinod Thakur, learned Public Prosecutor for the
respondent/State.
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JUDGMENT
This appeal under Section 374 of Criminal Procedure Code, 1973 (hereinafter referred to as 'the Cr.P.C.') has been preferred against the judgment dated 26.04.2024 passed by V Additional Sessions Judge and Special Judge (Protection of Children from Sexual Offences Act, 2012), Indore (for short hereinafter referred as, „Act, 2012‟) in S.T.No.74/2022, whereby the appellant has been convicted for offence under Section 354 of Indian Penal Code,1860 (for short hereinafter referred as, „IPC‟), 9(m)/10 of Act, 2012 and sentenced to undergo 2 years R.I. with fine of Rs.1,500/- Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 2 Cr.A.No.5598 of 2024 and 5 Years R.I. with fine of Rs.1,500/-with default stipulation.
2. The prosecution story as emerged during trial is that on 05.02.2022 at about 21:00 hours at Palmtree Garden, Pipliyarao, Indore, the appellant outraged the modesty of the victim aged about 10 years by holding her hand, by pressing her cheeks and kissing her with sexual intent when she was there with parents and other members of her family for attending reception of daughter of maternal father-in-law. The victim reported about the incident to her mother stating that when she and present cousin (PW-6) (aged about 11 years) were enjoying swing ride eating cotton candy, a uncle (accused/appellant) came there asked for her name and name of school teacher. She told him her name and name of her madam. After that uncle having white beard wearing turban, blue sweater and white paint looking older in appearance, forcibly caught hold her hands, kissed on her cheeks and also pressed her cheeks. She tried to relieve herself from the clutches of that uncle but he did not left her hand. When she started crying that uncle left her hand. She rushed to her elder brother (PW-4). He searched for that uncle but could not trace him out. PW-4 narrated whole of the incident to the complainant (PW-2), her husband (PW-3), Devar and maternal father- in-law. They made strenuous efforts to search out the miscreant but could not trace him out. They told about physiognomy of the miscreants to Guard Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 3 Cr.A.No.5598 of 2024 and Director of the Garden. On the next day, evening there was marriage ceremony of some other person. Her maternal father-in-law informed her husband that the person of the physiognomy by the victim has been seen in garden and information in this regard has been given to Police Station Bhanwarkua. When on the date of report i.e. 09.02.2022 she reached to Police Station Bhanwarkua, she came to know about the name of the miscreant is appellant Harjeet S/o Balwant Singh Chhabra, resident of Indore. On this information, FIR was registered against the appellant at Police Station Bhanwarkua on crime No.153/2022 for offence under Section 354 of IPC, 11/12 of Act, 2012, Sections 146/196, 39/192(1), 3/181 of the Motor Vehicles Act. The victim being from scheduled caste community, Section 3(1)(w)(i) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short hereinafter referred as, „Act, 1989‟) was also invoked during investigation.
3. The appellant was arrested and after completion of investigation, charge sheet was filed before the Court of competent jurisdiction. Charges were framed under Section 354 of IPC, 11/12 of Act, 2012, Sections 146/196, 39/192(1), 3/181 of the Motor Vehicles Act and Section 3(1)(w)(i) of Act, 1989 and read over to the appellant. The appellant abjured the guilt and claimed to be tried. The prosecution, in order to prove its case, Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 4 Cr.A.No.5598 of 2024 examined as many as 9 witnesses and also marked documents Ex.P-1 to Ex.P-19 in evidence.
4. The incriminating circumstances appearing in the prosecution evidence were brought to notice of the appellant during his examination under Section 313 of the Code of Criminal Procedure, 1973 (for short the „Cr.P.C‟). The appellant has denied and claimed innocence. His defence was that he is innocent and has been falsely implicated in this case, but he did not choose to examine any witness in his defence.
5. The trial Court on the basis of evidence available on record, convicted and sentenced the appellant as stated hereinabove for molesting the minor victim, giving rise to this criminal appeal.
6. The conviction and sentence has been challenged on the ground that learned trial Court has committed grave error of law and facts in not appreciating the material evidence brought on record in convicting the appellant. It has further been submitted on behalf of the appellant that the learned trial Court has ignored the material contradictions, omissions and anomalies in the statement of the prosecution witnesses and has passed the judgment full of conjectures and surmises which is not sustainable. He has further submitted that Vivan and Yajasvi who have been listed as prosecution witnesses have not been examined before the Court which also Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 5 Cr.A.No.5598 of 2024 adversely affect the prosecution case. The entire case is cooked up and false theory of CCTV footage has been given, therefore, appellant is entitled to be acquitted.
7. Learned counsel for the appellant to bolster his submissions has invited attention of this Court towards the statement of mother of the victim recorded under Section 164 of the Cr.P.C. and submits that mother of the victim has not deposed anything against the appellant which could attract provisions of Act, 2012. He further submits that appellant has been implicated due to financial dispute between him and the family of the victim. The learned counsel has further challenged the test identification parade on the ground that appellant was shown to the victim and the members of her family at the police station before identification proceeding, therefore identification of the appellant in test identification parade loses its importance. For this he has relied on paras 5, 6 and 7 of the judgment in the case of Jafar Vs. State of Kerala Criminal Appeal No.1607/2009 which reads as under:-
"5. With the assistance of the learned counsel for the parties, we have scrutinized the evidence. The conviction of the appellant herein is basically based on the deposition of Babu Puttan (PW-1), who was working as a security guard and was sitting in a chair in front of the said room. No doubt that he narrates the version, as per the prosecution case. He has also identified accused No.2-Jafar, appellant herein and accused no.3-Saneesh in the Court. However, he has clearly admitted that police had shown him these two people and as such, he has Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 6 Cr.A.No.5598 of 2024 identified them.
6. Anil Kumar (PW-8), who is the Investigating Officer (IO), has also admitted that PW-1 identified the accused persons by seeing them at the police station. He has further admitted that no identification parade was conducted. As such, it can be seen that the identification of the appellant herein by PW- 1 is quite doubtful as no identification parade has been conducted. PW-1 clearly states that he has identified the accused persons since the police had shown him those two people.
7. In the absence of proper identification parade being conducted, the identification for the first time in the Court cannot be said to be free from doubt. We find that the other circumstance that the Courts relied for resting the order of conviction is with regard to the recovery of an iron rod. An iron rod is an article which could be found anywhere. It is not the case of the prosecution that any stolen article was recovered from the appellant herein."
8. Learned counsel for the appellant has also relied on para 18 of the judgment in the case of Budhsen Vs. State of Uttar Pradesh LAWS (SC)- 1970-5-4 which reads as under:-
"18. Before us the entire case depends on the identification of the appellants and this identification is founded solely on test identification parades. The High Court; does not seem to have correctly appreciated the evidentiary value of these parades though they were considered to be the primary evidence in support of the prosecution case. It seems to have proceeded on the erroneous legal assumption that it is a substantive piece of evidence and that on the basis of that evidence alone the conviction can be sustained. And then that court also ignored important evidence on the record in regard to the manner in which the test identification parades were held, and other connected circumstances suggesting that they were held more or less in a mechanical way without the necessary precautions being taken to eliminate unfairness. This is clearly an erroneous way of' dealing with the test identification parades and has caused failure of justice. Shri Rana laid great emphasis on the fact that there is no enmity shown between the witnesses and the appellants. In our opinion, though this factor is relevant it cannot serve as a substitute for reliable admissible evidence required to establish the guilt of the accused beyond reasonable doubt. The evidence in regard to identification having been discarded by us as legally infirm and which does not connect the appellants with the alleged offence it cannot by Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 7 Cr.A.No.5598 of 2024 itself sustain the conviction of the appellants. Non-disclosure on the record as to how and when the Investigating officer learnt about in appellants complicity furthers adds to the lacuna in the prosecution case. These appeals are allowed and the accused acquitted."
9. Learned counsel has further relied on paras 25 and 29 of the judgment in the case of Harpal Singh Vs. State of Uttar Pradesh CRLJ 2000-0- 4552 which is extracted as under:-
"25. Whether test identification is necessary or not it depends upon peculiar facts and circumstances of a particular case. As held by the Supreme Court in the case of Kanan v. State of Kerala (1979) 3 SCC 319 : AIR 1979 SC 1127 where a witness identifies an accused who is not known to him in the Court for the first time, his evidence is absolutely valueless unless there has been a previous test identification parade to test his powers of observation. The idea of holding test identification parade under Section 9 of Evidence Act is to test the veracity of the witness on the question of his capability to identify an unknown person whom the witness may have seen only once. If no test identification parade is held then it will be wholly unsafe to rely on his testimony regarding the identification of an accused for the first time in the Court.
29. As held above, it has not been established that Ajanti appellant was known to the prosecution witnesses from before and in these circumstances when he claimed identification the prosecution ought to have got test identification parade conducted and in the absence of such test identification parade, his identification by the witnesses for the first time in the Court was of no value."
10. Learned counsel for the appellant has further assailed the prosecution case on the ground that FIR has been lodged by delay of four days for which explanation has been offered. It also dents the prosecution case. For this he has relied on the judgment in the case of Abdul Hamid Vs. State of Uttar Pradesh LAWS(SC)-1990-10-25, relevant portion of the judgment Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 8 Cr.A.No.5598 of 2024 is extracted as under:-
"After giving our careful consideration to the findings we are of the view that the appellants ought to have been acquitted completely. Admittedly there was enemity and the first information report was given to the police 12 hours after the occurrence that too after the accused had given a report and the High Court also found that this delay was not satisfactorily explained. A further finding in this regard is "that being so it cannot be ruled out that the version of the incident as stated in the first information report and supported by the prosecution witnesses is not free from doubt." According to the prosecution, as many as six persons caused injuries to the deceased, four of them with sticks and the other two with Tabal and Gandasa but the Doctor found only one abrasion and one lacerated injury. The High Court having noted the injuries on the accused observed"
11. Per contra, learned counsel for the respondent/State supporting the impugned judgment submits that trial Court on careful appreciation of evidence available on record has come to the conclusion that appellant has committed the offences whereof he has been found guilty and accordingly passed judgment of conviction and order of sentence, which does not require any interference and prays for dismissal of appeal as sans merits.
12. Heard learned counsel for the parties and also carefully perused the record.
13. The question for consideration before this court is whether the trial Court has committed any factual or legal error in recording conviction for offence under Sections 354 of IPC and Section 9(m)/10 of Act, 2012.
14. To appreciate the controversy involved in the case, it is apposite to Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 9 Cr.A.No.5598 of 2024 reproduce Section 354 of IPC and Sections 7, 9(m)/10 of Act, 2012 as under:
―354. Assault or criminal force to woman with intent to outrage her modesty.--
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
7. Sexual assault.--Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault.
9(m). whoever commits sexual assault on a child below twelve years; or
10. Punishment for aggravated sexual assault.--Whoever, commits aggravated sexual assault shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine."
15. The alleged incident took place on 05.02.2022. The date of birth of the victim has been proved as 24.05.2012 on the basis of documentary and oral evidence adduced in this case. The mother of the victim (PW-2) has stated before the Court that date of birth is 24.05.2012 which has been reiterated by the victim in her statement before the Court. The father of the victim (PW-3) has also stated the date of birth of the victim as 24.05.2012. Birth certificate Ex.P-6, Scholar register Ex.P-9 and certificate Ex.P-10 have been proved before the Court for this purpose which was seized by Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 10 Cr.A.No.5598 of 2024 Seizure Memo Ex.P-11. In all the documents the age of the victim has been mentioned as 24.05.2012. The oral and documentary evidence could not be demolished in cross examination.
16. The learned trial Court relying on the judgments in the case of General Singh Vs. State of Haryana (2013) 7 SCC 263, Umesh Chand Vs. State of Bihar AIR 1982 SC 1057, Siddheshwar Vs. State of West Bengal AIR 1958 SC 143 recorded a finding on the basis of oral evidence of parents of the victim and the victim herself and the documentary evidence available on record that victim on the date of incident was 9 years and 8 months old, meaning thereby, on the date of incident i.e 05.02.2022 she was under the age of 12 years coming in the category of child as defined under Section 2(d) of the Act, 2012, which describes „Child‟ means any person below the age of eighteen years. The aforesaid finding of the Court below is impregnable as it is based on oral and documentary evidence and has also not been assailed in the appeal, therefore, the finding that victim was below 12 years of age on the date of incident is upheld.
17. The victim has deposed before the trial Court that on 05.02.2022 she alongwith her parents and members of the family had gone to Pipliyarao to attend the marriage of her maternal uncle in the garden of Palmtree Hotel. She has stated before the Court that she recognizes the appellant. At the Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 11 Cr.A.No.5598 of 2024 time of incident she along with her brothers and sisters was enjoying swing ride, where the accused/appellant came and asked name of her madam telling that he is well known to madam. After that appellant caught hold of her hand pressed and kissed her on her cheeks and when she cried, the appellant left her. After that she rushed to her brother (PW-4). In video conference she has recognized the appellant as the person who has caught hold of her hand and kissed her on her cheek. Thereafter, her parents searched for the appellant but he could not be traced. The mother of the victim (PW-2), cousins of the victim (PW-4) and (PW-6) have also supported the prosecution case.
18. The mother of the victim (PW-2) has stated that victim came to her nervously and told her that appellant tightly caught hold of her, pressed her cheeks and kissed her and when she cried, the appellant left her. She alongwith her husband and uncle of the victim searched for the appellant, but could not trace him out. Physiognomy of the appellant was told to the guard and director of the garden. The cousins (PW-4) and (PW-6) have also corroborated prosecution case by their statements before the Court that they were enjoying swing ride when the appellant came there and after asking name of the victim, about her school he tightly hold hands of the victim and kissed on her cheeks. The victim was crying and trying to relieve herself Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 12 Cr.A.No.5598 of 2024 from the clutches of the appellant. The cousin of the victim (PW-4) has stated that victim has narrated the incident of molestation to him after that he took the victim with him to call the father and uncle of the victim, but meantime the appellant slipped away from the spot and could not be traced even after the search. The incident was reported by mother of the victim (PW-2) on 09.02.2022.
19. From the testimony of the aforesaid witnesses which remained intact in the cross examination, it is well proved that appellant had kissed the victim after catching hold of her hand. Appellant has nowhere taken defence that he was having any family relations with the victim and therefore, it cannot be presumed that the kiss on the cheeks of the victim was due to some natural love and affection of elderly person. The appellant was identified at police station Bhanwarkua through CCTV footage for which Panchnama (Ex.-P/5) has also been prepared. In the CCTV footage the appellant was duly identified by the victim. This has been proved by the father of the victim (PW-3) and (PW-9), investigating officer of this case. (PW-9) has stated before the Court that victim along with her parents came to the police station on 09.02.2022 and reported the incident which occurred on 05.02.2022. FIR was registered against the appellant. She alongwith the mother of the victim visited the Palmtree garden on 10.02.2022 and saw the Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 13 Cr.A.No.5598 of 2024 CCTV footage alongwith the parents of the victim where the appellant has been identified. Panchnama Ex.P-13 in the presence of the father of the victim and (PW-8) was prepared and certificate under Section 65B of the Indian Evidence Act was also seized with Seizure memo Ex.P-14. The appellant was identified by the victim and Panchnama Ex.P-4 was prepared.
20. Learned counsel for the appellant has assailed the impugned judgment on the ground that FIR has been lodged by delay of four days. Identification proceedings of the appellant on the ground that when the appellant was already shown to the victim and her parents at Police Station Bhanwarkua, then the Test Identification Parade is meaningless having no evidentiary value.
21. As far as contentions with regard to delay in lodging the FIR is concerned, the mother of the victim (PW-2) has stated before the Court that after the incident accused has fled away and he was searched on the physiognomy of the appellant given by the victim, but he could not be traced out and that is the reason for delayed FIR. The explanation is plausible on the ground that on the date of incident the marriage ceremonies were going on and when the incident was reported to the parents by the victim they could not trace him out as appellant has slipped away from the spot.
Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 14 Cr.A.No.5598 of 2024
22. In the case of Satyapal Vs. State of Haryana (2010) 8 SCC 714 the fact of lodging FIR by delay in sexual offences cases have been considered by the Apex Court and it has been taken note that ordinarily the family of the victim would not intend to get a stigma attached to the victim. Delay in lodging the First Information Report in a case of this nature is a normal phenomenon.
23. In the case of Ramjag and others Vs. State of Uttar Pradesh AIR 1974 SC 606 the Apex Court has held that it is to be seen whether the delay in lodging the FIR is such which throw a cloud of suspicion on the seeds of the prosecution must depend upon a variety of factors which would vary from case to case. Even a long delay can be condoned if the witnesses have no motive for implicating the accused and/or when plausible explanation is offered for the same. On the other hand prompt filing of the report is not an unmistakable guarantee of truthfulness or authenticity of the version of the prosecution. It is also be noted that police is always reluctant in lodging FIR.
24. In the case of Ponnusamy vs. State of Tamil Nadu (2008) 5 SCC 587 the Apex Court has held that apathy on the part of police officers to accept complaints promptly is well known phenomenon. The Courts cannot be oblivious of such conduct on the part of police officers. Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 15 Cr.A.No.5598 of 2024
25. If the explanation of delay in lodging the FIR by four days is scrutinized this Court comes to the conclusion that explanation offered by the mother of the victim (PW-2) is plausible. Nothing is on record to show that there was any motive on the part of the victim or her parents to falsely implicate the accused in this incident. A very feeble suggestion of enmity due to money transaction has been given to the father of the victim (PW-3), but it has been clearly denied. No other evidence in this regard has been adduced on behalf of the appellant to prove that there was any existing enmity with regard to the alleged money transaction between the appellant and the father of the victim, therefore, in the absence of any motive to falsely implicate the appellant in this case, coupled with the explanation offered by the mother of the victim (PW-2) in lodging delayed FIR, no adverse inference can be drawn against the prosecution for lodging FIR belatedly and therefore, arguments advanced on behalf of the appellant in this regard is unsustainable and is hereby rejected.
26. The other material contentions raised on behalf of the appellant is that Test Identification Parade is faulty having no evidentiary value as appellant was shown to the victim and her parents at Police Station Bhanwarkua. For this he has relied upon the judgments in the case of Jafar Vs. State of Kerala (Supra) Budhsen Vs. State of Uttar Pradesh (Supra) and Harpal Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 16 Cr.A.No.5598 of 2024 Singh Vs. State of Uttar Pradesh (Supra).
27. From perusal of the evidence on record it is not in dispute that victim has narrated the incident to her mother and cousins on the date of incident itself. They tried to trace out the appellant on the basis of physiognomy of the miscreant given by the victim, but he could not be traced. For taking a clue for investigation for identification of the appellant, CCTV footage was taken from the garden where the incident took place. Panchnama with regard to CCTV footage and identification of the appellant in CCTV footage has been prepared and proved by the investigating officer Manisha Dangi (PW-9) alongwith father of the victim (PW-3). The appellant has been duly identified the appellant not only in CCTV footage but during her statements before the Court she has identified the appellant through video conference. Identification in the Court is substantial piece of evidence which cannot be given back seat merely on the ground of some technical flaw has crept in Test Identification Parade. It is also to be noted that between the date of incident and recording of statement of the prosecutrix a time gap is only of near about three months, which is not such a time gap which could faint memory of the victim about the incident and the person who has committed it. When appellant has not only been identified in CCTV footage, but in the Court room also, in the considered opinion of this Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 17 Cr.A.No.5598 of 2024 Court, this evidence cannot be washed away merely on the ground that appellant was shown to the victim and her parents before Test Identification Parade.
28. In the light of the aforesaid discussion and appreciation of evidence on record, this Court is of the considered view that contention raised on behalf of the appellant with regard to flaws in Test Identification Parade proceedings are of no use. Therefore, contention raised on behalf of the appellant with regard to Test Identification Parade of the appellant cannot dent the prosecution case and the judgments relied upon by the appellant can be distinguished in the peculiar facts of this case. On appreciation of prosecution evidence as discussed hereinabove, this Court comes to the conclusion that appellant has used criminal force with intention to outrage the modesty of the victim and therefore, the findings recorded by the Court below in this regard is upheld.
29. Sexual assault has been defined in Section 7 of the Act, 2012 which has been reproduced hereinabove. In this case, the whole evidence is that the appellant caught hold the hand of the victim and kissed on her cheeks. This act comes under the phenomena "does any other act with sexual intent which involves physical contact without penetration". If sexual assault is committed on a child below 12 years of age, it comes under category of Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 18 Cr.A.No.5598 of 2024 aggravated sexual assault as per provisions under Section 9(m) of Act, 2012 as discussed hereinabove. The appellant is neither any relative nor known elderly person of the victim‟s family, where it can be presumed that he has kissed the victim on her cheeks due to natural love and affection towards the victim. Even no defence in this regard has been taken on behalf of the appellant.
30. Section 29 of the Act, 2012 provides that where a person is prosecuted for committing or abetting or attempting to commit any offence under Section 3, 5, 7 and section 9 of this Act, the Special Court shall presume that such person has committed the offence, unless the contrary is proved. The intent of Legislature in enacting the Act is very loud and clear for protection of children from sexual offences.
31. In this case, ample evidence is available on record to hold that appellant has used criminal force for molesting the victim which also comes under purview of sexual assault under Section 7 of the Act, 2012. No evidence in rebuttal of presumption as enshrined under Section 29 of the Act, 2012 has been adduced. Therefore, this Court is of the considered view that the finding of the Court below in holding the appellant guilty under Section 354 of IPC and Section 9(m)/10 of Act, 2012 is based on appreciation of evidence, prosecution evidence in right prospective and it Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47 NEUTRAL CITATION NO. 2025:MPHC-IND:7817 19 Cr.A.No.5598 of 2024 suffers from neither factual nor legal error. Section 10 of the Act provides punishment for aggravated sexual assault may be of either description for a term which shall not be less than five years, but which may extent to seven years and shall also be liable to fine.
32. In this case, appellant has been sentenced to undergo 2 years R.I. with fine of Rs.1,500/- under Section 354 of IPC and 5 Years R.I. with fine of Rs.1,500/- under Section 9(m)/10 of Act, 2012 with default stipulation which cannot be said to be improper or excessive in nature.
33. Resultantly, this appeal fails and dismissed as devoid of any merit affirming the conviction and sentence as imposed upon the appellant by the learned trial Court.
34. Copy of judgment passed by this Court along with the record of the case be sent back to the concerned Court below for compliance and necessary action. A copy of judgment be also sent to the concerned jail by e-mail or any other fastest mode for information and necessary action at their end.
(BINOD KUMAR DWIVEDI) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 28-03-2025 10:19:47