JAFRUDEEN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this appeal aggrieved by the judgment of conviction and sentence dtd. 17/10/2022 passed by Special Judge, POCSO Act, 2012 and Commission for Child Rights Protection Act, 2005, No.1, Alwar, whereby appellant has been convicted for offence under Ss. 363, 366, 376-3, 342 IPC and Sentence under Sec. 5(f)/6 of POCSO Act, 2012 and sentenced as under:-

(2.) Succinctly stated the facts of the case are that on 8/4/2021, complainant-Aslam lodged a written report against the appellant at Police Station Mahila Thana, Bhiwadi, Police Station Bhiwadi, District Alwar with regard to an incident alleged to have taken place on 1/4/2021. It was alleged in the report that the prosecutrix was forcibly taken away by the appellant in a Masjid and she was subjected to rape and was also beaten and threatened.

(3.) On the basis of above, police registered FIR No.42/2021 and after due investigation, police submitted challan against the accused-appellant for the offence punishable under Ss. 323, 341, 342, 363, 366(A), 376(2)(n), 376(3), 506 and 307 of IPC and Sec. 5(f)/6 of POCSO Act, 2012. The Trial Court has framed charges against the accused-appellant. Appellant denied the charges and claim to be tried. During trial, prosecution examined 11 witnesses as PW-1 to PW-11. In documentary evidence, 25 documents were exhibited. Certain articles were also produced before the Court.