SURENDRA SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Aggrieved by the adverse remarks recorded by the Special Judge, Protection of Children From Sexual Offences Act, 2012 and Commissions for Protection of Child Rights Act, 2005, No.4, Kota (Rajasthan) in its judgment dtd. 7/9/2021 against the petitioner, he has preferred the instant Criminal Miscellaneous Petition.

(2.) It is submitted by learned counsel for the petitioner that on FIR No.134/2019 was registered at Police Station Khatoli, District Kota (Rural) alleging therein that daughter of complainant aged in 17 years was missing since 25/5/2019 and one accused Hukam Singh had kidnapped her. Investigation after registration of the aforesaid FIR was handed over earlier to one Shri Puranmal and thereafter to the petitioner. During the investigation process, he recorded statement of witnesses, prepared the site plan, and also got the prosecutrix medically examined. In her statement under Sec. 161 Cr.P.C., the victim stated that the accused was known to her and on 24/5/2019, he took away the petitioner to Jodhpur and tried to forcibly solemnize the marriage but since she was minor, this should not be done, however, the accused established physical relations with her. On the basis of such investigation, charge-sheet was prepared by the petitioner under Sec. 173 Cr.P.C. against accused Hukam Singh for committing offences under Ss. 363, 366, 376(2)(n) of IPC, Sec. 5(L)/6 of POCSO Act and Sec. 3(2)(v) and 3(2)(va) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After filing of the charge-sheet, cognizance was taken against the accused and charges were also framed against him for committing the aforesaid offences. During trial, the prosecutrix turned hostile and retracted from her earlier statement.

(3.) Learned counsel for the petitioner submitted that after such proceedings while passing the judgment of acquittal dtd. 7/9/2021, learned trial Court recorded following remarks against the petitioner:-