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2020 Supreme(Raj) 265

SANDEEP MEHTA, ABHAY CHATURVEDI
D/o Karamveer Singh – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
P.C. Solanki, Advocate, A.R. Choudhary, Advocate, Pradeep Shah, Advocate, Arun Kumar, Advocate, Nishant Bora, Advocate

JUDGMENT

Sandeep Mehta, J. - The appeal (No.124/2018) and the Criminal Leave to appeal application (No.278/2018) have been preferred by the victim Mst 'S' and the State of Rajasthan respectively for assailing the judgment dated 25.04.2018 passed by learned Special Judge, POCSO Act Cases, Jodhpur in Sessions Case No.116/2016 (152/13) whereby the respondents accused Shiva @ Sawaram and Prakash were acquitted of the charges under Sections 370 (4), 342/34, 354-A/34, 376(2)(f) read with Section 120B & 109, 376(D), 506/34, 509/34, 109/120B of the IPC and Sections 5(f)/6, 5(g)/6, 7/8 read with Section 17 of the POCSO Act, 2012.

2. Shri P.C. Solanki, learned counsel representing the complainant in both the appeals and the learned Public Prosecutor vehemently and fervently contended that the acquittal of the respondents Shiva @ Sawaram and Prakash of the charges as recorded by the trial court is absolutely illegal, unjust and based on misreading/ignorance of strong incriminating material and evidence available on record and thus, the appeals deserve to be admitted.

3. Per contra, learned counsel Shri Pradeep Shah and Shri Arun Kumar, Associate to Shri Nishant Bora, Advocate representing the

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