JABALPUR, India, June 9 -- Madhya Pradesh High Court issued the following judgment/order on May 8:

1. This appeal under Section 378 of the Code of Criminal Procedure, 1973 has been filed by the appellant/State assailing the judgment and order of acquittal dated 23.01.2023 passed in Special Case No.57 of 2021 (State of M.P. vs. Rohit) by the learned Special Judge, POCSO Act, Balghat, District Balaghat (M.P.), whereby the respondent/accused has been acquitted of the offences under Sections 354 and 457 of the Indian Penal Code and Sections 3(1)(w)(I) and 3(II)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. Briefly stated, the prosecution case is that on 21.11.2020, the prosecutrix, who belongs to the Gond community, was present alone at her house situated in village Tengnitola, while her parents and brother had gone to the market. At about 07:30 PM, accused Rohit Bisen allegedly came to her house and asked for drinking water. When the prosecutrix went to bring water, the accused allegedly caught hold of her waist with ill intention, kissed her on the cheek, threw her on the ground and laid himself upon her. Upon the prosecutrix raising alarm, Rupakali Uikey, Sukhran and other villagers reached the spot. Seeing them, the accused attempted to flee, but he was apprehended by the villagers. Thereafter, information was given to Dial100, upon which the police arrived at the spot and took the accused into custody. On the basis of the aforesaid incident, Crime No.495/2020 was registered on 21.11.2020 at Police Station Lalbarra.

3. During investigation, statements of witnesses were recorded and other necessary investigation proceedings were carried out. Upon finding prima facie material against the accused, the charge-sheet was filed before the competent Court. Thereafter, the learned trial Court framed charges against the accused. The accused abjured guilt and claimed to be tried. During his examination under Section 313 of the CrPC, the accused pleaded innocence and stated that he had been falsely implicated in the matter.

4. In order to bring home the charges, the prosecution has examined as many as 10 witnesses namely prosecutrix (PW-1), mother of the prosecutrix (PW-2), father of the prosecutrix (PW-3), Rajendra Kumar Uikey (PW-4) Sonali Dhok (PW-5) and Raghunath Khatarkar (PW-6) and placed Ex.P/1 to P/12 and Ex.D/1, the documents on record. In defence, the respondent/accused did not choose to examine any witness.

*Rest of the document can be viewed at: (https://mphc.gov.in/storage/upload/jabalpur/MPHCJB/2023/CRA/5692/CRA_5692_2023_FinalOrder_08-05-2026_digi.pdf)

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