[2025:RJ-JP:29198-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Criminal Appeal (Db) No. 124/2021 Arsad S/o Prakash, R/o Balwandka, Police Station Udhyog Nagar, Alwar (Rajasthan) (Accused Appellant Confined In Central Jail, Alwar)

----Appellant Versus State Of Rajasthan, Through P.p ----Respondent Connected With D.B. Criminal Appeal (Db) No. 217/2021 Ayub @ Mubarik Son Of Hurmat, Resident Of Khoyda Karmali, Police Station Naugava, District Alwar (Rajasthan) (At Present Confined In Central Jail Alwar)

----Appellant Versus State Of Rajasthan, Through P.p ----Respondent For Appellant(s) : Mr. Nasir Ali Naqvi, Sr. Advocate assisted by Mr. Hakam Ali & Mr. Syed Adeel Naqvi Mr. B.N. Sharma, with Mr. Krishan Singh Rawat and Ms. Pragya Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, Addl. GA None present for complainant HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL JUDGMENT RESERVED ON : 31/07/2025 JUDGMENT PRONOUNCED ON : 08/08/2025 PER BHUWAN GOYAL J. :

1. Both the aforesaid criminal appeals under Section 374(2) of the Code of Criminal Procedure, 1973 have been filed by the accused-appellants Arsad and Ayub @ Mubarik against impugned Judgment and Order dated 31.08.2021 passed by Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005, No. 4, Alwar in Sessions Case No. 60/2019, vide which accused-appellants have been convicted and sentenced as under :-

Offence Sentence Fine Default sentence u/s 342 IPC 1 year’s S.I. Rs. 1,000/- 15 days’ S.I.

u/s 363 IPC 5 years’R.I. Rs. 10,000/- 6 months’ R.I.

u/s 376-DA Life Imprisonment Rs.1,00,000/- 2 years' R.I.

IPC till natural death (All sentences are ordered to run concurrently)

2. Brief facts relevant and germane for disposal of the present appeal are that on 19.07.2019, complainant “M” submitted a written report at the Police Station Nowgaon, District Alwar to the effect that on 14.07.2019 at around 12.30 p.m., his wife (hereinafter referred as victim No. 1) and his cousin sister – (hereinafter referred as victim No. 2) had gone out of the house saying that they were going for natural call and when they did not return home till evening, he and his family members searched them a lot but could not find them. On getting information from the people of the village, he was suspecting on his brother Mubarik Khan that he lured his wife and cousin sister and took them away. Mubarik’s mobile numbers were xxxx3424 & xxxx1534. When he went to see his brother, he found that his brother had been missing from home since 14.07.2019 etc.

3. On the basis of said report, F.I.R. No. 246/2019 was registered for the offence under Section 366 of I.P.C. and investigation was commenced. After conclusion of investigation, police submitted charge-sheet against accused-appellants for the offences under Sections 363, 366, 366-A & 376-D, 376-DA & 342 of I.P.C. and Section 5(L)/6 of Protection of Children from Sexual Offence Act, 2012 (for short “POCSO Act” hereinafter) before the concerned court, which took cognizance of aforesaid offences against accused-appellants and committed the case to the court of Sessions, from where it was transferred to the court of Special Judge, Protection of Children from Sexual Offences Act, 2012 and Commission for Protection of Child Rights Act, 2005 No. 4, Alwar (hereinafter referred to as 'trial court').

4. The trial court framed charges against accused-appellants for the offences under Sections 342, 363, 366, 366A, 376-D & 376- DA of I.P.C. and Section 5(L)/6 of POCSO Act, which were read over and explained to them but they pleaded not guilty and claimed trial. The prosecution examined total 21 witnesses and exhibited Ex.P/1 to Ex.P/34 and Ex.C/1 documents to prove its case. After conclusion of prosecution evidence, accused-appellants were examined under Section 313 of Cr.P.C. and were confronted with the circumstances appearing against them in the prosecution case, which they deni