HIMMAT MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since, both criminal appeals are directed against the common judgment, the same have been heard together and are being decided by this common judgment.

(2.) These criminal appeals are directed against the judgment dtd. 19/12/2017 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, Jaipur (for brevity 'the learned trial Court') in Sessions Case No.54/2017 (25/2013), NCV No.120/2017 whereby, the accused-appellants (for short, 'the appellants') have been convicted and sentenced as under:-

(3.) The relevant facts in brief are that the prosecutrix Ms. 'K.J.' lodged a written report dtd. 2/2/2013 (Ex.P/1) with the Station House Officer, Police Station Amber, wherein, it was stated that Suraj telephoned her to meet him whereupon, she went to the roof of Dharamshala through her roof and found two boys there with whom she went to Suraj whereafter, they all went on a motor-cycle to a place in between the mountains of Jain Mandir ahead of Kukas. It was alleged that there, they murdered Suraj with a knife and stones and thereafter, apprehending presence of some person, they took her to another place and there, she was subjected to rape by the appellant-Himmat Meena. It was averred that although, Himmant Meena wanted to terminate her but, on request of another accused, she was spared. It was also stated that on her request, they left her near Saiwar Hospital, a place near to her home. Based thereupon, an FIR No. 58 dtd. 2/2/2013 came to be lodged for the offence under Ss. 376(G), 363, 364, 366, 394, 323, 341, 34 IPC and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 (for short- 'POCSO Act, 2012'). After investigation, while, the appellant-Himmat Meena was charge-sheeted under Ss. 363, 364, 366 (A), 376 (2-G), 394, 302/34, 201, 323, 341 of IPC and Ss. 3/4 and 5/6 of POCSO Act, 2012, charge-sheet against appellant-Ramkesh was filed under Sec. 412 IPC. Against co-accused Rajesh @ Kundia and Sultan Khan, the charge-sheet was submitted before the Juvenile Justice Board and against accused-Hanish Khan, the charge-sheet under Sec. 412 IPC was filed on 16/11/2017.