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RAMESHWAR VYAS
Dalla Ram – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
Rameshwar Vyas, J.
1. The instant appeal under Section 374 (2) Cr.P.C. has been preferred by appellant Dalla Ram being aggrieved by the judgment dated 3.9.2021 passed by the learned Special Judge, Protection of Children From Sexual Offences Act-2012 and Commission For Protection of Child Rights Act 2005, Balotra, in Sessions Case No. 63/2019 (CIS No. 63/2019), whereby he has been convicted and sentenced as below:
| Offence for which convicted | Sentence awarded |
| Under Section 376(1) IPC & Section 3 and 4 of POCSO Act | Rigorous imprisonment for ten years and a fine of Rs.10,000/- and in default of payment of fine, further to undergo 6 months RI |
2. As per prosecution story, on 10.9.2019 at 2:39 PM, Binjaram complainant/father of the prosecutrix (PW-2) submitted a written report (Exhibit-P/8) before Station House Officer, Police Station Gida, Barmer to the effect that on 10.9.2019 at 7:00 AM, while his daughter, aged about 16 years, was returning from Bada (the place where cattles are kept) after milking of goats, she was raped by Dalla Ram. On hearing screams
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