MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred under Section 374 (2) of Cr.P.C. by the appellant Manoj, S/o Shri Shankar against the judgment dated 14.11.2022 passed by the learned Special Judge, (Protection of children from sexual offences Act, 2012) Dungarpur in Sessions Case No. 78/2022 under Section 376(2), 376 AB of the Indian Penal Code And Section 6 of POCSO Act arising out of FIR No.60/2022, whereby the accused-appellant stands convicted for the offences mentioned below:-

(2.) Brief facts for deciding the present appeal are that complainant M (Mother of Victim) submitted a handwritten report (Exhibit P-5) dated 17.08.2022 to the Station House Officer of Vardha Police Station. In the report, she stated that on 11.08.2022, at about 10:00 a.m., on account of the Raksha Bandhan festival, she left her three daughters, three sons, and her husband Manoj at home and went to Deval Phala Batka to tie rakhis to her brothers, where she stayed for two nights. On 13.08.2022, at around 6:00 p.m., when she returned home, her eldest daughter, a student of Class VII, whose date of birth is 04.12.2010, started crying upon seeing her. When she enquired about the reason, her daughter Ro in tears disclosed that, on 12.08.2022, at about 10:00 p.m., her father had removed her clothes, lay on top of her, and committed rape upon her. Upon hearing this, the complainant became frightened and slept with her children. The next morning, her husband Manoj left for Dungarpur for work. Thereafter, her daughter Ro again informed her, while crying, that her father had raped her on two earlier occasions when the complainant had undergone a surgical operation, and had also threatened and intimidated her, due to which she had not disclosed the incident to anyone. Upon hearning this, the complainant took her daughter Ro to her maternal home at Deval Phala Batka, left her at her uncle s house, and returned home. On 17.08.2022, her elder brother A brought her daughter Ro to her house at Dolwariya Oda. Thereafter, the complainant, along with her daughter Ro and brother A came to the police station to lodge the present report for necessary legal action.

(3.) On the basis of the above written complaint, a formal FIR No.60/2022 (Exhibit P.06) was registered at Police Station, Vardha, Dungarpur against the accused for the offences 376AB of the Indian Penal Code and Sections 5(L) (M) (N) / 6 of the Protection of Children from Sexual Offences Act, 2012