BHAGWAN BAIRWA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this app eal is the judgment and order dtd. 3/11/2022 passed by Special Judge, POCSO Act, 2012 Jaipur, District (hereinafter referred as trial court) in Sessions case No.44/2021 arising out of FIR No.131/2021 registered at Police Station Dudu, District Jaipur for the offences under Sec. 376 IPC and under Sec. 3/4 of POCSO Act. By this judgment, the appellant was convicted for the offence under Sec. 3/4 of POCSO Act and was sentenced to imprisonment for life along with a fine of Rs.1,00,000.00, and in default of payment of the fine, 1 year Rigourous Imprisonment was ordered. However, the appellant was acquitted of the charge of Sec. 450 IPC. It was also observed that since the accused-appellant has been convicted and sentenced for the offence under Sec. 3/4 POCSO Act, 2012, and hence there is no need to award a sentence for the offence under Sec. 376 IPC.

(2.) Criminal proceedings were set on the motion based on written report Ex.-P2, submitted by PW-1 (XXX) to PW-11 (Pooranmal) who was the then SHO of Police Station, Dudu, District Jaipur. In this report, it was mentioned by the complainant that on 20/3/2021 at about 5.30 PM, his daughter (prosecutrix) was in her room at home when the neighbour (appellant) jumped their wall and entered in the room. He closed the room and forcefully raped his daughter. On account of the protest, her suit was torn apart. Anyhow, his daughter got rid of him by pushing him away from her and she told him the entire incident when he returned from the field. The date of birth of his daughter is 7/8/2004.

(3.) Based on the aforesaid written report Ex.-P2, formal FIR No.131/2021 (Ex.-P3) was registered at Police Station Dudu, District Jaipur for the offences under Sec. 376 IPC and under Sec. 3/4 of the POCSO Act, 2012.