KALI CHARAN ALIAS BHAGWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have preferred these appeals aggrieved by judgment and order dated 05.12.2014, passed by Special Judge, POCSO Cases (Session Judge), Tonk in Special Sessions Case No.82/2013, whereby appellant Kali Charan @ Bhagwan has been convicted for offence under Section 458, 363, 366-A, 376 of I.P.C and Section 5/6 of POCSO Act. For offence under Section 458 I.P.C., he has been sentenced for seven years rigorous imprisonment and fine of Rs.5,000/-, on non payment of fine to further undergo fifteen days rigorous imprisonment, for offence under Section 363 I.P.C., he has been sentenced for seven years rigorous imprisonment and fine of Rs.15,000/- on non payment of fine to further undergo one month rigorous imprisonment, for under Section 366-A I.P.C., he has been sentenced for ten years rigorous imprisonment and fine of Rs.20,000/- on non payment of fine to further undergo one month rigorous imprisonment, for offence under Section 376 I.P.C., he has been sentenced for ten years rigorous imprisonment and fine of Rs.50,000/- on non payment of fine to further undergo three months rigorous imprisonment and for offence under Section 5/6 of POCSO Act, he has been sentenced for ten years rigorous imprisonment and fine of Rs.20,000/- on non payment of fine to further undergo one month rigorous imprisonment. Appellant Chand @ Chandu @ Chandra Singh has been convicted for offence under Section 458, 363, 366-A IPC and Section 17 of POCSO Act. For offence under Section 458 I.P.C., he has been sentenced to seven years rigorous imprisonment and fine of Rs.2,500/-, on non payment of fine to further undergo fifteen days rigorous imprisonment, for offence under Section 363 I.P.C., he has been sentenced for seven years rigorous imprisonment and fine of Rs.15,000/- on non payment of fine to further undergo one month rigorous imprisonment, for offence under Section 366-A I.P.C., he has been sentenced for ten years rigorous imprisonment and fine of Rs.10,000/- on non payment of fine to further undergo one month rigorous imprisonment and for offence under Section 17 of the POCSO Act, he has been sentenced for ten years rigorous imprisonment and fine of Rs.5,000/- on non payment of fine to further undergo one month rigorous imprisonment.

(2.) In brief, the factual matrix of the case are that complainant Ashik Ali lodged an F.I.R. on 07.01.2013 that he along with his daughter was sleeping at his residence, at around 2:00 am, three persons entered his house, one of them was Kali Charan. They forcefully took away his daughter and when he objected, he was beaten. It is mentioned in the F.I.R. that earlier also Kali Charan had enticed her elder daughter. It is also mentioned in the F.I.R. that age of his daughter is fifteen to sixteen years. Police got the complainant medically examined and got recorded statement of the proseutrix under Section 164 Cr.P.C. and after due investigation submitted charge-sheet against Kali Charan @ Bhagwan Singh, Dholu and Chand @ Chandu.

(3.) Charges were framed against the appellants as well as Dholu Lal. Appellants and Dholu Lal denied the charges and sought trial, whereupon as many as nineteen witnesses were examined on behalf of the prosecution and forty one documents were exhibited. Explanation of appellants and Dholu were sought under Section 313 Cr.P.C. No witness was produced in defence. Ex.D-1 to Ex.D-3 were got exhibited in defence.