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FARJAND ALI
Kamlesh – Appellant
Versus
State of Rajasthan, Through P. P. – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Ms. Anubha Singh, Advocate
For the Respondent:Mr. Rajendra Yadav, AAG with Mr. Sher Singh Mahla, PP, Mr. Vijay Singh Shekhawat, Advocate

JUDGMENT

By The Court:—

The instant appeal has been filed under Section 374(2) of Cr.P.C. against the judgment of conviction and order of sentence dated 05.10.2021 passed by learned Special Judge, Protection of Children from Sexual Offences Act, 2012, No. 03, Jaipur Metropolitan-I in Sessions Case No. 28/2021 whereby the appellant was held guilty for commission of offence under Sections 5(m)/6 of Protection of Children from Sexual Offences Act, 2012 and he was sentenced to suffer 20 years rigorous imprisonment and a fine of Rs. 2,00,000/-; in default of payment of fine, he was to further undergo two months additional simple imprisonment.

2. Succinctly stated, the facts of the case as per the FIR are that a girl aged of nine years left her house to get a beedi for her grandfather from a shop in the village at around 5 p.m. on 26.09.2021. When the girl was returning with the beedi and sweets, the accused-appellant lured her, took her to a discreet place and committed the offence of rape upon her. He had tied her hands and her mouth and he had even tried to strangle her. After

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