HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
VINIT KUMAR MATHUR,
CHANDRA SHEKHAR SHARMA
MANOJ – Appellant
Versus
STATE OF RAJASTHAN – Respondent
JUDGMENT :
1. The instant appeal has been preferred under Section 374 (2) of Cr.P.C. by the appellant Manoj, S/o Shri Shankar against the judgment dated 14.11.2022 passed by the learned Special Judge, (Protection of children from sexual offences Act, 2012) Dungarpur in Sessions Case No. 78/2022 under Section 376(2), 376 AB of the Indian Penal Code And Section 6 of POCSO Act arising out of FIR No.60/2022, whereby the accused-appellant stands convictedfor the offences mentioned below:-
| Offence | Imprisonment | Fine | In Default of Fine |
|---|---|---|---|
| 376(2) of IPC | Life Imprisonment & Fine of Rs.50,000/- | Rs. 50,000/- | Further to undergo Six Months S.I. |
| 376 AB of IPC | Life Imprisonment till death & Fine of Rs.50,000/- | Rs. 50,000/- | Further to undergo Six Months S.I. |
| 6 of POCSO Act | Life Imprisonment till death & Fine of Rs.50,000/- | Rs. 50,000/- | Further to undergo Six Months S.I. |
2. Brief facts for deciding the present appeal are that complainant “M” (Mother of Victim) submitted a handwritten report (Exhibit P-5) dated 17.08.2022 to the Station House Officer of Vardha Police Station. In the report, she stated that on 11.08.2022, at about 10:00 a.m., on account of the Raksha Bandhan festival, she left her three daughters, three sons

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