PREM SHANKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 8/4/2019 passed by learned Special Judge, POCSO Act, 2012 and Commission for Protection of Child Rights Act, 2005, No.2, Udaipur in Special Sessions Case No.04/2018 by which the learned Judge convicted the appellant for offence under Sec. 354D IPC and sentenced him to undergo six months' R.I. alongwith fine of Rs.2,000.00 and in default of payment of fine to undergo seven days' R.I. Brief facts of the case are that on 24/3/2017, a report was submitted by the complainant before the SP, Udaipur against the appellant inter-alia alleging therein that she is student of 11th class in Pawan Putra School, Bhatevar. She alleged that whenever she went to school, the accused-appellant used to harass by teasing her, stalking her, insulting her and also making vulgar and obscene comments on her. It was alleged that few days earlier also, the appellant did the same thing with her, therefore, now she is unable to attend the school.

(2.) On this report, Police registered a case against the accusedappellant for offence under Sec. 354A IPC and started investigation.

(3.) After investigation, the police filed challan against the present appellant for offence under Ss. 354A, 354D IPC and Sec. 11/12 of POCSO Act. Thereafter, the charges of the case were framed against the appellant. He denied the charges and claimed trial. During the course of trial, the prosecution examined seven witnesses and exhibited various documents. Thereafter, statement of appellant under Sec. 313 Cr.P.C was recorded. Two defence witnesses were examined from his side and some documentary evidence were produced. Upon conclusion of the trial, the learned trial court vide impugned judgment dtd. 8/4/2019 while acquitting the appellant for offence under Sec. 354A IPC and Sec. 11/12 of POCSO Act, convicted and sentenced him for offence under Sec. 354D IPC as mentioned earlier.