HAWASINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-Hawasingh had preferred this Criminal Appeal aggrieved by judgment and order dtd. 15/12/2017 passed by Special Judge, Protection of Children From Sexual Offences Act, (Special Judge, Scheduled Caste and Scheduled Tribes) (Prevention of Atrocities) Cases, Jhunjhunu, Raj., whereby the Court has convicted the appellant for offence under Sec. 3/4 and 7/8 of the POCSO Act and passed the sentence of four years simple imprisonment for offence under Sec. 7/8 of POCSO Act and ten years rigorous imprisonment for offence under Sec. 3/4 of POCSO Act. Court below has also imposed a fine and sentence in lieu of non payment of fine.

(2.) Appellant-Hawasingh expired on 25/4/2018, his wife Kamlesh moved an application seeking permission to contest the appeal, being legal heir of the deceased-appellant. The application was allowed by the Court and consequently, amended cause title was filed.

(3.) It is contended by counsel appearing for legal representative of the deceased-appellant that the Court below has erred in convicting the appellant for the alleged offences, as there was no eye witness to the incident. The incident is stated to have taken place in a Government School. No teacher or staff have been made a witness. It is also contended that there is delay of one day and seventeen hours in lodging of F.I.R. Site plan was prepared after two days. There are no independent witnesses in the site plan and hence the same is not admissible.