MITHU SINGH @ KALA SINGH, S/O SHRI MAKHAN SINGH, B/C JAT SIKH, AGED ABOUT 20 YEARS, R/O KHUNI CHAK (SINGHPURA) TEHSIL PILIBANGA DISTRICT HANUMANGARH. AT PRESENT LODGED IN DISTRICT JAIL HANUMANGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

(2.) The appellant has been arrested in FIR No. 167/2016 of Police Station, Goluwala, District Hanumangarh for the offence punishable under Sections 363, 366, 366 A, 354 Penal Code & 7/8 POCSO Act, 2012 & under Sec. 3(2)(V) SC/ST Act. He has preferred this criminal appeal under Sec. 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) Learned counsel for the appellant has submitted that as a matter of fact, the prosecutrix has went away with the appellant as per own free will. She remained with him for six days and has visited several places. It is also contended that in the statement recorded under Sec. 164 Crimial P.C. the prosecutrix has specifically stated that the appellant has not committed sexual assault upon her.