KAMLESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed under Sec. 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dtd. 5/10/2021 passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012, No. 03, Jaipur Metropolitan-I in Sessions Case No. 28/2021 whereby the appellant was held guilty for commission of offence under Ss. 5(m)/6 of Protection of Children from Sexual Offences Act, 2012 and he was sentenced to suffer 20 years rigorous imprisonment and a fine of Rs.2,00,000.00; in default of payment of fine, he was to further undergo two months additional simple imprisonment.

(2.) Succinctly stated, the facts of the case as per the FIR are that a girl aged of nine years left her house to get a beedi for her grandfather from a shop in the village at around 5 p.m. on 26/9/2021. When the girl was returning with the beedi and sweets, the accused-appellant lured her, took her to a discreet place and committed the offence of rape upon her. He had tied her hands and her mouth and he had even tried to strangle her. After thinking that she had died, the accused-appellant left from the scene. The villagers started looking for her when the girl did not return for a long period of time and found her lying unconscious. She was in a disconcerted state and she was bleeding from her private parts. She was taken to hospital immediately where she told the whole story to her father. Thereafter, her father lodged a report with the police. Upon filing of the FIR, investigation commenced.

(3.) As part of their usual investigation, the police recorded the statements of witnesses, inspected the crime scene, prepared the site plan, procured the documents pertaining to the age of the victim, recorded the statement of the victim under Sec. 161 CrPC and got her medically examined. The statement of the victim was recorded under Sec. 164 CrPC, the accused-appellant was detained and interrogated. An interrogation note was prepared and post-interrogation, the offences under Sec. 376 AB of IPC and Sec. 5/6 of POCSO Act, 2012 were found proved against the appellant and he was arrested. The arrestee was also subjected to medical examination and as per the disclosure made by him under Sec. 27 of Indian Evidence Act, the attested map of the crime scene was prepared. After conducting complete investigation and looking at the facts and circumstances as available on record, the police filed charge-sheet against the petitioner for the offences under Sec. 376 AB of IPC and Sec. 5/6 of POCSO Act, 2012 on 27/9/2021.