SHIVNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal jail appeal has been received by post on behalf of the appellant through Superintendent, Central Jail, Ajmer challenging the judgment dtd. 3/5/2016 passed by learned Special Judge, POCSO Act (Sessions Judge), Bhilwara, in Sessions Case No. 08/2016 by which the learned Trial Court convicted and sentenced the appellant as under : <IMG>JUDGEMENT_33_LAWS(RAJ)9_2025_1.jpg</IMG>

(2.) Brief facts necessary to be noted for deciding the controversy are that on 8/11/2015, complainant-Sanvar Bagariya S/o Pratap Ji submitted a written report at Mahatma Gandhi Hospital Thana-Bhimganj, District-Bhilawra to the effect that his sister-Dali had sustained a fracture in her leg. Following this, the complainant, along with his wife and other family members, accompanied her to Mahatma Gandhi Hospital in Bhilwara. At approximately 2.00 AM on the same day, the complainant and his family members were resting within the hospital premises. During this time, they observed an individual seated nearby, who was covered with a yellow blanket. The complainant requested a matchstick from this person to light a bidi, which was received. After this exchange, the complainant fell asleep, and the individual with the yellow blanket also appeared to be sleeping beside him. At around 3.30 AM, upon awakening, the complainant discovered that his elder daughter-Sharda, aged approximately two and a half years, was missing. Additionally, the man who had been lying nearby was also absent. A search was conducted, during which Rajendra informed the complainant that a person covered with a yellow blanket had taken his daughter and was heading towards the main gate. The complainant immediately reported the incident to the police chowki at the hospital. Subsequently, his daughter-Sharda was recovered, and the individual responsible for taking her was apprehended by the police. The police authorities admitted the girl for treatment, noting that she was covered with blood.

(3.) On the said report, Police registered the FIR against the accused-appellant and started investigation. During the course of investigation, Police arrested the accused-appellant. On completion of investigation, police filed challan against the accused-appellant before the concerned Court.