BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal aggrieved by Judgment and Order dtd. 14/7/2022 passed by Court of Special Judge, POCSO Act, 2012, Jaipur District, whereby appellant has been convicted for offence under Sec. 3/4 of the POCSO Act, in the alternative, Sec. 376 IPC and has been sentenced to life imprisonment with fine of Rs.80,000.00. In default of payment of fine, one year additional rigorous imprisonment. No sentence has been awarded under Sec. 376 IPC in view of the sentence awarded under Sec. 3/4 of the POCSO Act.

(2.) Succintly stated the facts of the case are that Nawab (PW-2) lodged a typed report at Police Station Dudu, District Jaipur on 9/8/2019 at 16.54 hrs. about the incident alleged to have taken place on 7/8/2019. It was alleged in the report that complainant's sister-Hurram was kidnapped by Babulal Jat and his companions from under the Dudu bridge after administrating some intoxicating material. She was forcibly taken in a vehicle and Babulal Jat committed rape with her at a lonely place by giving threat of her life. His companions also committed raped with her one by one after closing her in a room. It is mentioned in the report that the victim somehow ran away from the room and contacted the complainant after taking phone from the person passing from there and saved her life. All the persons ran away from the spot.

(3.) On receipt of the said report, FIR No.368/2019 for offences under Ss. 363, 366, 376(D) IPC was registered and investigation commenced. Prosecutrix refused for her medical examination and stated that she did not receive any injury. After completing the investigation, police filed challan for offence under Ss. 363, 366, 342, 376 IPC and Sec. 3/4 of POCSO Act against the appellant only. Trial Court framed charges against the appellant for the aforementioned offences. The prosecution produced as many as 12 witnesses and 24 documents were exhibited in support of its case. The accused-appellant was examined under Sec. 313 of Cr.P.C. In defence, evidence of DW-1 (Roshan Khan) was produced. After hearing the parties, learned trial Court vide impugned judgment and order dtd. 14/7/2022 convicted and sentenced the accused-appellant for hereinabove mentioned offences. Aggrieved by which, the present appeal has been preferred.