BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal under Sec. 374(2) read with Sec. 378(3) Cr.P.C. has been filed by the appellant against the judgment and order dtd. 10/3/2017 passed by the learned Special Judge, POCSO Act Cases, Pali, in Sessions Case No.35/2017 (43/2014) by which the learned Judge has convicted the respondent No.2 for offence under Sec. 376(2)(N) IPC and Sec. 5(L)/6 of POCSO Act but acquitted the respondent No.from the offence under Sec. 384 of IPC by giving the benefit of doubt and ordered to pay back the amount of Rs.2,92,200.00 to the accused respondent.

(2.) Learned counsel for the appellant submits that the victim was minor at the time of the incident and less sentence has been awarded by the learned trial Court to the accused respondent No.2. Therefore, the matter may be remanded back for passing a fresh order while enhancing the sentence of the respondent No.2. Learned Public Prosecutor submitted a report dtd. 4/12/2023 received from the concerned Jail, in which it is mentioned that after completion of total ten year of sentence as well as in lieu of fine had already been served by the respondent No.2 Mehboob Kalal @ Babu Khan and he was released from Jail on 17/3/2023.

(3.) In these circumstances, the judgment of the trial Court is perfectly justified and there is no illegality or perversity in the impugned order passed by the learned trial court and no interference is called from this Court. Hence, the instant criminal appeal filed by the appellant is hereby dismissed. Stay petition is also dismissed.