GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred instant appeal under Sec. 374 of the Code of Criminal Procedure, 1973 against the impugned Judgment and Order dtd. 7/3/2022 passed by the learned Judge, Special Court, Protection of Children from Sexual Offences Act, 2012, Jaipur District in Sessions Case No. 41/2019 (State of Rajasthan vs. Ganesh), whereby the accused appellant has been convicted and sentenced as under :-

(2.) Brief facts relevant and germane for disposal of the present appeal are that on 28/5/2019, complainant Giriraj Harijan (P.W. 2), who is father of the victim, submitted the written report (Ex.P/7) at Police Station Manoharpur, District Jaipur alleging that on 26/5/2019 in the evening at 4.00 - 5.00 p.m., his daughter (victim) went to the market and did not return to house uptil 7.00 - 8.00 p.m., upon which, they tried to search her whereabouts but did not find her. On 27/5/2019 in the evening, they came to know that she had reached Girdharipura. Ganesh Harijan took her. They reached Girdharipura then, lock was put on the house. On enquiry, neighbours informed that all family members along with one girl had left one hour ago. They were residents of Gudha Churani. They went to Gudha Chirani but did not find her there. On the basis of the report lodged by Giriraj Harijan (P.W. 2), an F.I.R. No.132/2019 came to be registered at the Police Station Manoharpur, District Jaipur for the offence under Sec. 363 of I.P.C. and investigation was commenced. After conclusion of investigation, the police submitted charge-sheet against the accused-appellant for the offences under Ss. 363, 366A & 376 of I.P.C. and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "Act of 2012") before the court of learned Special Judge, Protection of Children from Sexual Offences Act, 2012, Jaipur District (hereinafter referred to as "learned trial court").

(3.) Learned trial court framed charges against the accusedappellant for the offences under Ss. 363, 366 I.P.C. and Sec. 5(L)/6 of POCSO Act, 2012 in alternative Sec. 376(2) (n) of I.P.C. and Sec. 376(i) of I.P.C. The accused-appellant pleaded not guilty and claimed trial. The prosecution examined as many as 12 witnesses and exhibited Ex.P/1 to Ex.P/21 documents to prove its case. After conclusion of the prosecution evidence, the accused was questioned under Sec. 313 of Cr.P.C. and was confronted with the circumstances appearing against him in the prosecution case, which he denied and claimed that he was innocent and had been falsely implicated in the case. However, no evidence was led in defence.