Prosecutrix (Minor) O/C Study R/O ... vs The State Of Madhya Pradesh
2022 Latest Caselaw 3158 MP

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        THE HIGH COURT OF MADHYA PRADESH
                        MCRC-6947/2022
          (Prosecutrix (Minor) Vs. State of M.P. & ors.)

Gwalior, Dated: 07.03.2022
     Shri Vibhor Kumar Sahu, learned counsel for applicant.

      Shri Ramadhar Choubey, learned Public Prosecutor for

respondent/State.

Petitioner's mother Mamta while this petition filed on behalf

of her 13 years aged daughter, prosecutrix against the order passed

by Special Judge (POCSO Act) Guna Smt. Varsha Sharma by

which her complaint presented under Section 354-A, 354-C, 509,

506-B, 323, 294, 341 of IPC and Section 11, 12 of Protection of

Children from Sexual Offences Act has been dismissed.

In brief facts of the case for disposal of this petition are that

through her mother prosecutrix aged about 13 years has filed a

criminal complaint against respondent Vikram and Devendra under

aforesaid offences that her date of birth is 21.10.2007. Respondents

Vikram and Devendra are her neighbour. They harass her sexually

and pass obscene comments on her. She always objected.

Thereafter On 14.08.2021, at 12:30 pm when she went outside her

house, they whistled her and said छम क छल आज सजधज कर

कह ज रह ह When she objected they caught-hold her hand and by pulling her towards street, started touching her private parts and

breast. On this when she tried to cry they threatened her with dire

consequences. After returning to her house, she narrated the story

to her parents. Thereafter their parents on 27.08.2021 lodged a

written complaint at Police Station Kent but no action was taken.

Thereafter they dialed 1098 but to no avail due to which she

became mentally upset. Afterwards on 06.09.2021 at 9 pm, when

she had gone to fetch water from hand-pump, respondents Vikram

and Devendra came over there with bad intention. They told her

that what we have to do, we will do. She anyhow get chance and

went to her house. Thereafter on 07.09.2021 she again filed a

complaint before SP Guna but no action was taken. Afterwards she

filed aforesaid complaint. Alongwith complaint she also filed an

application under Section 156(3) CrPC for lodging of report and

investigate the matter.

The trial Court called status report from police. The Trial

Court after receipt of status report and hearing the prosecutrix and

perusing the status report filed by the Police Authorities, dismissed

the complaint.

The status report filed to this effect that prosecutrix had

lodged a criminal complaint with lot of improvements. Her

complaint was registered.

On going through the status report, it is evident that on

14.08.2021 mother of prosecutrix in admitted condition at District

Hospital Guna has stated that on the date of incident i.e. on

14.08.2021 she had gone for cleaning utensils in Krishnani Colony

Guna. Her children were at home. At 12 noon her daughter Nikita

has told her that Vikky Rajak, Munesh Rajak, Devendra Rajak and

Gajendra Rajak after entering the house were abusing. She reached

home. She saw that Vikky Rajak having Pharsa in his hand

assaulted on her head. Munish Rajak assaulted on her left hand

with Luhangi. Respondent Devendra Rajak with Lathi on her back.

When her daughter Nikita came to intervene. Vikky Rajak

assaulted Pharsa on her left hand due to which she got injured.

Blood was oozing out. Munni also assaulted with Luhangi at

Nikita's right knee. Thereafter Devendra and Gajendra assaulted

with fist and kick blows to Nikita. Her uncle's daughter Nandini

was also slapped. When her son Raja came to intervene. Vikky also

assaulted him with back side of Pharsa. They broke the electricity

meter. While going they threatened with dire consequences. On his

report offence punishable under Section 452, 294, 323, 324, 427,

506, 34 of IPC bearing crime No. 751/2021 was registered in which

statement of witnesses and complainant were recorded. Accused

were arrested. At their behest Luhangi, Pharsa and Lathi were

seized and charge-sheet against respondents Gajendra, Vikram and

others was filed before CJM Guna.

During investigation neither any witness nor prosecutrix has

alleged against respondents about sexual assault or molestation. On

this basis the trial Court has dismissed the complaint of petitioner.

In view of aforesaid, this Court is of the opinion that the

learned Court below has not committed any error in passing the

impugned judgment. Hence, no interference is warranted.

Accordingly, present petition stands dismissed.

(Deepak Kumar Agarwal) Judge ojha

YOGEND RA OJHA 2022.02.2 2 04:25:10 +05'30'