HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Appeal No. 202/2021

Bhagwan Son Of Shri Devkaran, Resident Of Balapura, Police

Station Dudu District Jaipur At Present In Central Jail, Jaipur

----Appellant

Versus

State Of Rajasthan through the PP

----Respondent

For Appellant(s)

:

Mr. Jaswant Singh Rathore, Adv.,

through VC

For Respondent(s)

:

Mr. Javed Choudhary, Additional

Government Advocate

HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

JUDGMENT RESERVED ON :: 31/01/2022

JUDGMENT PRONOUNCED ON :: 05/02/2022

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1.

The appellant has preferred this appeal aggrieved by the

judgment and sentence dated 20.11.2021 whereby the appellant

has been acquitted for offence under Sections 363, 366 IPC,

however, he has been convicted for offence under Section 3/4 of

POSCO Act and in alternative, under Section 376 IPC. He has been

sentenced to life imprisonment with a fine of Rs.1,00,000/- and

on non-payment of fine, to further undergo 2 years rigorous

imprisonment. The sentence has been passed under Section 3/4 of

POSCO Act and since the appellant has been sentenced under

Section 3/4 of POSCO Act, no sentence has been awarded under

Section 376 IPC.

(2 of 6)

[CRLAD-202/2021]

2.

Succinctly stated the facts of the case are that on 13.7.2019

complainant - Bholuram and Sohan filed a written report at Police

Station, Dudu, alleging that they are residents of Police Station,

Balapura and their daughters Victim 1 and Victim 2 had gone to

fetch goat milk on 12.7.2019 at 1-1.30 pm and they have not

returned till now. It is mentioned in the FIR that at 4.00 pm their

daughters had called Kalyan and Kalyan has informed the

complainant that their whereabouts are not known. It has been

mentioned that they have apprehension that Norat son of

Bhanwar, Amraram S/o Deva, Jagdish S/o Deva, Heera S/o

Madhu, Gopi S/o Kalu, Kalyan S/o Gopi, Bhagwan S/o Devkaran

and others have kidnapped their daughters. Both the Victims were

recovered on 4.8.2019 and they were medically examined. No

injury was found on any part of the body of the Victims. In the

statements recorded under Section 164 Cr.P.C., they did not level

any allegation of rape. After investigation, police filed a charge-

sheet against the present appellant and one Norat Mal. Appellant

as well as Norat Mal denied the charges. Prosecution produced as

many as 13 witnesses and 31 documents were exhibited. After

hearing the parties, the learned Court of Special Judge, POSCO

Act, Jaipur District vide judgment dated 20.11.2021 has acquitted

co-accused – Norat Mal from all the charges and acquitted the

accused appellant from charges under Sections 363, 366 IPC but

convicted the accused appellant for offence under Section 3/4 of

POSCO Act and Section 376 IPC, but has sentenced only for

offence under Section 3/4 of POSCO Act. Aggrieved by which, the

appellant has preferred the present appeal.

(3 of 6)

[CRLAD-202/2021]

3.

Victim, who went to the present appellant, would be referred

to as ‘Victim 1’ and the Victim, who went to Norat Mal, would be

referred to as ‘Victim 2’. It is pertinent to note that Norat Mal has

been acquitted, hence, it would be purposeless to deal with the

evidence of Victim 2 and the connected evidence.

4.

It is contended by learned counsel for the accused-appellant

that Victim 1 in her statement before learned Magistrate under

Section 164 Cr.P.C. specifically stated that she has not been raped

by the appellant. Similar was her statement before the Court

below. It is also contended that learned trial Court has erred in

basing the conviction on the basis of FSL report.

5.

Counsel for the appellant has placed reliance on Narra Peddi

Raju Versus State of A.P.: Criminal Appeal No.1553 of 2019

decided by the Apex Court on 14.10.2019. Reliance is also placed

on Sri Paramesha