SANJEET RAWANI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal appeal is directed against the Judgment of conviction dtd. 3/8/2028 and order of sentence dtd. 4/8/2018 passed by the learned Addl. Sessions Judge-1st Cum- Special Judge (POCSO) Jamtara in S.T. Case No. 5/2016, whereby and whereunder, the appellant having been found guilty of charge under Sec. 376(2)(i) of the Indian Penal Code and Sec. 6 and 10 of the POCSO Act and has been convicted and sentenced to undergo rigorous imprisonment for 13 years with a fine of Rs.15,000.00 under Sec. 6 of the POCSO Act.

(2.) The learned counsel for the appellant submits that due to admitted enmity between the appellant and the family of the victim, this appellant has falsely been implicated in this case. He further submits that there is nothing in the evidence to suggest that rape has been committed upon the victim. He lastly submits that the punishment of 13 years is too harsh, which needs to be reduced.

(3.) Counsel for the State submits that the prosecution has been able to prove the guilt of the appellant beyond all reasonable doubt. She further submits that the victim was minor i.e. 8 years old at the time of occurrence and there is sufficient evidence, ocular and medical to suggest that the victim has been raped.