ARSAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both the aforesaid criminal appeals under Sec. 374(2) of the Code of Criminal Procedure, 1973 have been filed by the accused-appellants Arsad and Ayub @ Mubarik against impugned Judgment and Order dtd. 31/8/2021 passed by Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, No. 4, Alwar in Sessions Case No. 60/2019, vide which accused-appellants have been convicted and sentenced as under :-

(2.) Brief facts relevant and germane for disposal of the present appeal are that on 19/7/2019, complainant "M" submitted a written report at the Police Station Nowgaon, District Alwar to the effect that on 14/7/2019 at around 12.30 p.m., his wife (hereinafter referred as victim No. 1) and his cousin sister - (hereinafter referred as victim No. 2) had gone out of the house saying that they were going for natural call and when they did not return home till evening, he and his family members searched them a lot but could not find them. On getting information from the people of the village, he was suspecting on his brother Mubarik Khan that he lured his wife and cousin sister and took them away. Mubarik's mobile numbers were xxxx3424 and xxxx1534. When he went to see his brother, he found that his brother had been missing from home since 14/7/2019 etc.

(3.) On the basis of said report, F.I.R. No. 246/2019 was registered for the offence under Sec. 366 of I.P.C. and investigation was commenced. After conclusion of investigation, police submitted charge-sheet against accused-appellants for the offences under Ss. 363, 366, 366-A and 376-D, 376-DA and 342 of I.P.C. and Sec. 5(L)/6 of Protection of Children from Sexual Offence Act, 2012 (for short "POCSO Act" hereinafter) before the concerned court, which took cognizance of aforesaid offences against accused-appellants and committed the case to the court of Sessions, from where it was transferred to the court of Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005 No. 4, Alwar (hereinafter referred to as 'trial court').