ROOPA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties on suspension of sentence application.

(2.) Learned counsel for the applicant-appellant has submitted that the Special Judge, Special Court, Protection of Children from Sexual Offences Act, 2012 and Commissions for Protection of Child Rights Act, 2005, Sirohi (hereinafter to be referred as "the trial court") vide impugned judgment dtd. 7/2/2019 has grossly erred in convicting and sentencing the accused applicant-appellant for the offences punishable under Ss. 363 and 366 IPC and 3/4 POCSO Act.

(3.) Learned counsel for the applicant-appellant has submitted that there is delay of more than 8 months in filing the complaint against the applicant-appellant. It is also submitted that as per the complainant/victim, she was abducted by the applicant-appellant around 7 to 8 months ago form the date of filing of complaint and the applicant-appellant forcibly confined her at various placed in that 7 to 8 months. It is further submitted that it is strange that family members of the complainant/victim has not lodged any missing person report in that 7 to 8 months. It is also submitted that as a matter of fact, the father of the complainant/victim was murdered by one Rawata and the accused applicant-appellant is the near relatives of Rawata, however, both the families are inimical with each other and on account of that enmity, the applicant-appellant has falsely been implicated in this case.