HANSRAJ MEGHWAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-accused Hansraj Meghwal preferred this appeal from jail assailing the impugned judgment of conviction and order of sentence dated 24.03.2017, passed by learned Special Judge, Protection of Children from Sexual Offences Act Cases, Kota, (hereinafter referred to as "the trial Court"), in Session Case No. 76/2017, whereby, the trial Court convicted and sentenced the accused-appellant as under:-

(2.) The brief and relevant facts giving rise to this appeal are that on 20.02.2017 complainant-PW-3 Vijay Laxmi submitted a written report (Exhibit-P/7) before SHO, Police Station Borkhera, Kota stating therein that she along with her younger daughter (hereinafter to be called as prosecutrix, name withheld to protect her identity) was sleeping on bed while two other daughters and son were sleeping on the floor. During night hours, at about 12:30 a.m., her brother's auto driver came there and took away prosecutrix after putting cloth in her mouth and committed rape with her. When she woke up for urination, she noticed that prosecutrix was not there. She called prosecutrix. On hearing of her cry, the said auto driver named Hansraj Meghwal ran away after leaving prosecutrix near the gate of agriculture farm. When she reached there, prosecutrix was lying unconscious.

(3.) On the basis of aforesaid report, formal FIR bearing No. 59/2017 (Ex.P-8) under Sections 376 IPC and 3/ 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as "POCSO Act") was registered at Police Station Borkhera, Kota and investigation commenced.