MISS “S” Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appeal (No. 124/2018) and the Criminal Leave to appeal application (No. 278/2018) have been preferred by the victim Mst 'S' and the State of Rajasthan respectively for assailing the judgment dated 25.4.2018 passed by learned Special Judge, POCSO Act Cases, Jodhpur in Sessions Case No. 116/2016 (152/13) whereby the respondents accused Shiva @ Sawaram and Prakash were acquitted of the charges under Sections 370 (4), 342/34, 354-A/34, 376(2)(f) read with Sections 120B and 109, 376(D), 506/34, 509/34, 109/120B of the I.P.C. and Sections 5(f)/6, 5(g)/6, 7/8 read with Section 17 of the POCSO Act, 2012.

(2.) Shri P.C. Solanki, learned Counsel representing the complainant in both the appeals and the learned Public Prosecutor vehemently and fervently contended that the acquittal of the respondents Shiva @ Sawaram and Prakash of the charges as recorded by the Trial Court is absolutely illegal, unjust and based on misreading/ignorance of strong incriminating material and evidence available on record and thus, the appeals deserve to be admitted.

(3.) Per contra, learned Counsel Shri Pradeep Shah and Shri Arun Kumar, Associate to Shri Nishant Bora, Advocate representing the accused Prakash and Shiva respectively, vehemently and fervently urged that the entire case set up by the prosecution as against the respondents (acquitted-accused) is false and fabricated and the evidence available on record does not inspire confidence. Learned Counsel Shri Pradeep Shah and Shri Arun Kumar urged that the allegations levelled by the prosecution as against the acquitted accused are based sheerly on conjectures, surmises and inferences sought to be drawn from a totally fictional theory and as such, the Trial Court was perfectly justified in acquitting the respondents of the charges and hence, the appeal as well as the leave to appeal application do not merit admission.