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2023 Supreme(Raj) 1069

FARJAND ALI
Parmendra Singh Rawat – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Ashvin Garg, Advocate, for the Appellant; Mr. S.S. Mahla, PP, for the Respondent.

ORDER

1. Heard learned counsel for the accused appellant and learned Public Prosecutor on the application for suspension of sentence and perused the judgment impugned dated 02.07.2022 passed by learned Special Judge, Special Court, POCSO Act, 2005, No.2, Ajmer whereby the accused appellant has been convicted for the offence punishable under sections 343, 376 IPC and Section 3/4 POCSO Act and has been sentenced to maximum ten years rigorous imprisonment along with fine of Rs.1,00,000/-.

2. Learned counsel for the appellant submits that the incident has not happened as alleged in the statement recorded during the trial. There are several flaws in the case of the prosecutrix which casts serious doubt over the genuineness and truthfulness of the allegations. He further submits that a bare perusal of the statement of prosecutrix would reveal that she was all over a consenting party and she made the elopement at her own accord. It is submitted that during investigation when she was examined under Sections 161 and 164 Cr.P.C. she has not made any allegations regarding ravishing her but when she was examined in the trial as PW-3, she made material improvement. She has admitted in cross-exami

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