STATE OF RAJASTHAN Vs. ASHARAM @ ASHUMAL

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal preferred by the State of Rajasthan takes exception to the judgment dtd. 10/2/2022 passed by the High Court of Rajasthan at Jodhpur,For short, 'the High Court'. allowing the application,D.B. Criminal Misc. Application No. 1 of 2021 in D.B. Criminal Appeal No. 123 of 2018. filed by the respondent - Asharam @ Ashumal under Sec. 391 of the Code of Criminal Procedure, 1973(For short, 'Cr.P.C.'.) and directing summoning and recording of evidence of Ajay Pal Lamba, who was posted as Deputy Commissioner of Police (West), Jodhpur, Rajasthan in August 2013 and has written a book "Gunning For The Godman:

(3.) The respondent - Asharam @ Ashumal was charge-sheeted on 6/11/2013, and after a trial lasting almost five years, vide judgment dtd. 25/4/2018 passed by the Magistrate, Special Court, Protection of Children from Sexual Offences Act, 2012(For short, 'POCSO Act'.) Jodhpur, Rajasthan, he has been convicted for the offences under Ss. 370(4), 342, 354-A, 376(2)(f), 376-D, 506, 509/34 and 120-B of the Indian Penal Code, 1860, Ss. 23 and 26 of the Juvenile Justice (Care and Protection of Children) Act, 2000(For short, 'JJ Act'.) and Ss. 5(f)/6, 5(g)/6, and 8 of the POCSO Act. He stands sentenced to undergo rigorous imprisonment for different periods, and life imprisonment for the remainder of his natural life, with fine and default stipulations.