VINOD DEWASI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 Cr.P.C. has been preferred claiming the following reliefs:

(2.) Brief facts of the case as placed before this Court by learned counsel for the appellant are that complainant-Ratna Ram lodged a report on 12/6/2020 alleging therein that his minor daughter was kidnapped on 11/6/2020 by the present accused-appellant and an other unidentified person, while she had gone to relieve herself, in the morning, at about 6:00 a.m. Thereafter, she was taken to 'Ramdev Colony (Pali)', where she was subjected to forcible sexual intercourse by the accused. Upon the said report, an FIR bearing No.102/2020 was registered at Police Station, Sadar, District Pali for the offences under Ss. 363, 366-A, 368, 376 IPC and Sec. 3/4 of POCSO Act, 2012, whereupon, the learned Court below framed charges against the present accused-appellant for the offences under Ss. 363, 366, 342, 368, 376(3) IPC and Sec. 3/4 (2) of POCSO Act, 2012.

(3.) Learned counsel for the accused-appellant, without arguing the case on merits, submitted that the impugned judgment of conviction against the accused-appellant herein is unsustainable in the eye of law, owing to the fact that the learned Trial Court below has committed a grave error in law, as there is a non-compliance of the provision of law contained in Sec. 273 of Cr.P.C., mandating that all evidence must be recorded in the presence of the concerned accused, the only exception being, if the trial court has dispensed with the attendance of the accused, in accordance with the said provision of law.