STATE OF RAJASTHAN Vs. NOKHARAM @ BHARMARAM

JUDGEMENT

(1.) The accused-appellant in this appeal, through Jail, has been convicted and sentenced as below vide judgment of conviction dtd. 23/9/2021 and order of sentence dtd. 27/9/2021 (in Special Sessions Case No.42/2020 - CIS No.42/2020 - State of Rajasthan v. Nokaram @ Bharmaram), passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012 Cases & Commission for Protection of Child Rights Act, 2005 Cases, Sirohi.

(2.) Brief facts of the case are that the prosecution was set in motion by a written report (Ex.P.29) dtd. 26/9/2020 submitted by one 'SR' (PW-21), who is father of Mst. 'M' (in short, 'deceased') before the Station House Officer, Police Station, Anadra, District Sirohi, regarding the alleged incident, which occurred on 25/9/2020 around 5:00 p.m., whereby his daughter (deceased), after being sexually assaulted, was strangled to death by the present accused-appellant Noka Ram @ Bharma Ram s/o Mala Ram.

(3.) In the aforementioned report, the father (complainant) of the deceased narrated that the incident in question had occurred while the complainant's son namely, 'RR' (PW-10) and cousin 'KR' (PW- 7) had gone to a nearby pond for bathing alongwith the deceased, which was about half a kilometer away. It was stated that when 'RR' came after three to four hours, he stated that when they were bathing at the pond at that time Nokaram (accused-appellant) came and also started taking a bath and caught-hold of the deceased, and then threatened the children (brothers) PW-10 and PW-7 to go away from there and also that if they disclose regarding the same, they shall be killed. The young boys PW-7 and PW-10 were looking anxious and tensed, and in the evening they told the whole incident to the parents (complainant & his wife) and thereafter, the complainant PW-21 alongwith Gularam s/o Malaram, Malaram s/o Rooparam and Udaram s/o Sungaji went in search of the deceased with a torch and at a nearby site, they recovered the body of the deceased in a nude condition; the clothes were not around, the report also narrated that there were various injuries on the face, neck, private parts and back of the deceased. The private parts were bleeding upon which PW-21 took the body of the deceased home, and in the morning after bathing her, they put fresh clothes on her; whereafter at about 10:00 a.m., PW-21 went and informed the Police Chowki, Krishanganj.