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2019 Supreme(Raj) 2101

SANDEEP MEHTA
State of Rajasthan – Appellant
Versus
Mahendra Kumar – Respondent


Advocates Appeared:
A.R. Choudhary, Advocate

JUDGMENT

Sandeep Mehta, J. - The instant application under Section 378 (iii) & (i) Cr.P.C. has been preferred by the State of Rajasthan seeking leave to file appeal against the judgment dated 21.07.2018 passed by the learned Special Judge, Protection of Children from Sexual Offences Act, 2012, Sirohi in Sessions Case No.04/2017 (06/2016) whereby, the respondent-accused Mahendra Kumar was acquitted of the charges under Sections 363, 366-A IPC and Section 3/4 of the POCSO Act and in alternate Section 376 IPC and Section 3 (2) (v) of the SC/ST Act; accused-respondent Neti Ram was acquitted of the charges under Section 366-A IPC and Section 16/17 of the POCSO Act and Smt. Jethi was acquitted of the chargers under Sections 363, 366-A, 379 read with Section 109 and 120-B IPC and Section 16/17 of the POCSO Act.

2. I have heard and considered the submissions advanced by the learned Public Protector and have gone through the impugned judgment and the record.

3. On a perusal of the statement of the victim Mst.'I' (PW-3), it is clear that so far as the allegations levelled by her against the acquitted accused Jethi and Mahendra Kumar are concerned, the same are highly vacillatory and contradicto

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