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2022 Supreme(Raj) 1185

PUSHPENDRA SINGH BHATI
Kulvinder Singh – Appellant
Versus
State Of Rajasthan – Respondent


Advocates appeared:
Himmat Jagga, Advocate., for the Appellant
Mohd. Javed, PP., for the Respondents

JUDGMENT

Pushpendra Singh Bhati, J. - Heard learned counsel for the parties.

2. Learned counsel for the applicant-appellant has drawn attention of this Court to the para-54 of the judgment dated 08.09.2022 passed by learned Special Judge, Special Court (Protection of Children from Sexual Offences) Act, 2012 and Commission for Protection of Child Rights Act, 2005, No. 2, Sri. Ganganagar, which reads as follows:-

3. Learned counsel for the applicant-appellant submits the impugned order dated 08.09.2022 passed by the learned court below, at para-54 as quoted hereinabove, clearly reveals that the prosecutrix travelled with the applicant-appellant from one public place to another, of her own free will and consent. He further submits that on 28.10.2015 i.e. date of incident the prosecutrix travelled alongwith the applicant-appellant from one public place to another, from her village to Gajsinghpur by tractor trolly, from Gajsinghpur to Bikaner via train and Bikaner to Jaisalmer via train. And that, the applicant-appellant and the prosecutrix stayed at Jaisalmer Bus stand for about two days.

4. Learned counsel for the applicant-appellant further submits that the prosecutrix' story does not ho

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