MAHENDRA VAISHNAV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence as ordered by the trial Court vide judgment/order dated 10th July, 2018 with regard to commission of offence punishable under Section 377 of Indian Penal Code, 1860 and under Section 5 (m)/6 Protection of Children from Sexual Offences Act, 2012 (hereinafter referred as 'the Act').

(2.) Prosecution story in brief is that on 3rd January, 2014 at about 6.30 p.m. victim aged about 9 years was going towards the market. When victim reached near Thakur Ji Temple, he was stopped by the appellant. Appellant took the victim to the roof of the temple and committed carnal intercourse with him.

(3.) On the basis of complaint moved by complainant Chandra Prakash, formal FIR No.2/2014 dated 3rd January, 2014 was registered at Police Station Khatoli, District Kota, Rural under Section 377 IPC and Section 4/6 of the Act.