CHANDRAPRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellant under Sec. 374(2) Cr.P.C. against the judgment dtd. 9/5/2018 passed by learned Special Judge, POCSO Act Cases, Bhilwara in Sessions Case No. 130/2017 (181/2016) by which the learned Judge convicted the appellant for offence under Sec. 354(B) R/w Sec. 7/8 POCSO Act and sentenced him to undergo three years' R.I. alongwith fine of Rs.1,000.00 and in default of payment of fine to undergo one month's S.I.

(2.) Brief facts of the case are that on 19/7/2015 complainant along with her daughter submitted a written report before the Police Station Bhimganj alleging therein that she along with her husband and three children is living in the house of one Raju Teli on rent. Near the house of Raju Teli, his bus conductor Chandraprakash Kansara is also living. Whenever the complainant went outside the house, the accused-appellant Chandraprakash Kansara called her daughter in the room and committed indecent and vulgar activities with her and also threatened that if she told her mother, he will cut her neck. On 19/7/2015 the daughter of the complainant told her about the indecent and vulgar activities done by the appellant with her. At around 12:00 PM, the complainant was keeping watch on the house, at that time accused-appellant caught the hand of her daughter and tried to forcibly drag her in his house. On hearing hue and cry of her daughter the complainant reached at the door and opened it and saw the appellant doing indecent and vulgar activities with her daughter. On shouting, the appellant fled away. On the said report, the Police registered the FIR No. 225/2015 and started investigation. During the course of investigation, the appellant was arrested by the Police. After investigation, the police filed challan against the present appellant for offence under Ss. 354, 354(B) IPC and Sec. 7/8 POCSO Act. Thereafter, the charges for offence under Sec. 354(B) IPC R/w Sec. 7/8 of POCSO Act were framed against the appellant. He denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined 9 witnesses and various documents were also exhibited. Thereafter, statement of appellant under sec. 313 Cr.P.C was recorded. No witness was examined on the defence side.