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2023 Supreme(Raj) 1157

MANOJ KUMAR GARG
Prem Shankar S/o Jagdish Chandra Panchawat – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ram Singh Rawal.
For the Respondents: Anil Joshi, Mukesh Trivedi, Rajat Chhaparwal, R.K. Charan.

JUDGMENT :

MANOJ KUMAR GARG, J.

1. Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 08.04.2019 passed by learned Special Judge, POCSO Act, 2012 and Commission for Protection of Child Rights Act, 2005, No. 2, Udaipur in Special Sessions Case No. 04/2018 by which the learned Judge convicted the appellant for offence under Section 354D IPC and sentenced him to undergo six months’ R.I. alongwith fine of Rs. 2,000/- and in default of payment of fine to undergo seven days’ R.I.

2. Brief facts of the case are that on 24.03.2017, a report was submitted by the complainant before the SP, Udaipur against the appellant inter-alia alleging therein that she is student of 11th class in Pawan Putra School, Bhatevar. She alleged that whenever she went to school, the accused-appellant used to harass by teasing her, stalking her, insulting her and also making vulgar and obscene comments on her. It was alleged that few days earlier also, the appellant did the same thing with her, therefore, now she is unable to attend the school.

3. On this report, Police registered a case against the accused-appellant for offence under Section 354A IPC and st

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