ANGAD @ RINKU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has preferred this Criminal Appeal aggrieved by the judgment and sentence dtd. 20/12/2022 passed by learned Special Judge, Prevention of Children From Sexual Offences Act, whereby the appellant has been convicted for the offences under Ss. 376(AB) of I.P.C. and 5(m)/6 of the POCSO Act and has been sentenced to life imprisonment for remainder of his life and a fine of Rs.20,000.00; on non-payment of fine, to further undergo four month's simple imprisonment.

(2.) It is contended by Mr. Jaswant Singh Rathore, Amicus Curiae appearing for the appellant that counsel for the appellant refused to appear on behalf of the accused-appellant before the Trial Court, still the Trial Court did not provide Amicus Curiae to the appellant to defend his case. It is also contended that no cross- examination of two main witnesses of the case i.e. I.O. and Doctor (PW-16 and PW-20 respectively), has been done.

(3.) Learned Addl. Govt. Adv. has opposed the grounds taken by the Amicus Curiae. It is contended that there was refusal on the part of the counsel for the appellant to cross-examine and the Court was left with no other alternative to close the cross- examination.