TULACHHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal under Sec. 374(2) has been preferred by the appellant against the judgment dtd. 29/9/2018 passed by learned Special Judge, POCSO Act, Jaisalmer in Sessions Case No.02/2018 (01/2017), whereby the accused-appellant has been convicted for the offences under Ss. 5 (j) (ii)/6 of Protection of Children from Sexual Offences Act, 2012 and sentenced to undergo life imprisonment with fine of Rs.1,00,000.00, in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) The prosecution case in short emanates from the complaint filed by Surendra Singh (PW3) to the Station House Officer, Police Station Mahila, Jaisalmer wherein it was stated that he was engaged in agricultural job at 53 Sada Minor District Jaisalmer. His mother-in-law, father-in-law along with two sisters-in-law used to reside and did farming jobs in the Dhani constructed in the field of Balveer Punia located at Chak 30 SLD. Mamraj and his Munim Tulchha Ram used to regularly visit their place. 3-4 months back, Tulchha Ram committed rape on his sister-in-law, aged 16 years (hereinafter referred to as 'Victim'). Tulchha Ram under the guise of marrying her, he used to repeatedly commit rape upon her. Thereafter, Tulchha Ram regularly used to visit their Dhani and threatened her that he was in possession of some obscene photographs of the victim. The accused-appellant used to blackmail her on the strength of these photographs and commit rape upon her. Mamraj Jat threatened his sister-in-law of dire consequences, if she did not fulfill the demands of accused Tulchha Ram. His sister in law became pregnant and entire family was aware of this fact. Balveer Punia was informed about this incident who also threatened them not to disclose this fact and instructed to get abortion done of the victim, failing which entire family was threatened to be killed.

(3.) On the aforesaid complaint, a formal FIR No.64/2016 was registered at Police Station Mahila Thana, Jaisalmer against the accused appellant for the offences under Ss. 376, 120-B IPC and Sec. 3/4 of POCSO Act and commenced investigation. After completion of investigation, the police filed a charge-sheet against the accused appellant for the offences under Sec. 376 IPC and Sec. 3/4 of POCSO Act.