SURESH MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant had faced trial qua commission of offence punishable under Section 363, 366, 376(2)(i) of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and Section 5(m)/6 of The Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the 'Act'). Trial Court vide judgment dated 27.04.2018 ordered the conviction of the appellant under Section 363, 366, 376(2)(i) of I.P.C. and Section 5(m)/6 of the Act. Vide order of even date appellant was sentenced to undergo imprisonment for life under Section 376(2)(i) of I.P.C. read with Section 5(m)/6 of the Act and fine of Rs. 20,000/- and in default of payment of fine, appellant was ordered to further undergo imprisonment for three months. For offence under Section 363 of I.P.C., appellant was sentenced to undergo imprisonment for three years and to pay a fine of Rs. 5,000/- and in default of payment of fine, appellant was ordered to further undergo imprisonment for one month. Under Section 366 of I.P.C., appellant was sentenced to undergo rigorous imprisonment for five years and to pay a fine of Rs. 20,000/- and in default of payment of fine, appellant was ordered to further undergo imprisonment for three months. Hence, the present appeal by the appellant.

(2.) Prosecution story, in brief, is that on 20.04.2015 at about 5.00/5:30 p.m. prosecutrix had gone to get eggs as required by the lady residing in the Luxmi Plaza. Prosecutrix met appellant on the way and he said that he would drop her at the house of her paternal grand-mother. Prosecutrix knew the appellant and went with him. However, appellant took the prosecutrix to his residence and raped her.

(3.) On the basis of the report lodged by the prosecutrix, formal FIR No. 169 dated 22.04.2015 was registered at Police Station, Jawahar Nagar, District Kota City under Section 376 IPC and Section 7/8 of the Act.