State Of Rajasthan vs Mahendra Kumar Rao on 23 November, 2017

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Criminal Leave To Appeal No. 77 / 2017
State Of Rajasthan
—-Appellant
Versus
Mahendra Kumar Rao
—-Respondent

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For Appellant(s) : Mr. Prakash Thakuriya PP
For Respondent(s) :

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HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Order
23/11/2017

The present application for grant of leave to appeal has

been filed to assail the impugned judgment dated 5.11.2016

rendered by the court of Special Judge, Prevention of Child from

Sexual Offences Act (Sessions Judge), Kota, Rajasthan. The said

court vide impugned judgment recorded acquittal of accused

respondent, who was tried for the offences under Sections 377

IPC and Section 3/4 of Prevention of Child From Sexual Offences

Act, 2012 (hereinafter called as ‘POCSO Act’).

During the course of arguments, the learned Public

Prosecutor has very fairly submitted that in the medical evidence

no injury has been found on the private parts of the child. The trial

Judge in Para 36 of the judgment noted that accused had taken

victim to his house in an auto. He had served meal to the child

and on the next day, the accused and brother of accused Ashok

Choti had left the child at Police Station Jawahar Nagar.

(2 of 2)
[CRLLA-77/2017]

Taking medical evidence into consideration along with

conduct of the accused, the court came to the conclusion that no

offence under Section 377 IPC read with Section 3/4 of POCSO Act

has been committed. The view formulated by the trial Judge from

appreciation of evidence is possible. Hence, no ground is made to

entertain the present application for grant of leave to appeal and

the same is dismissed being devoid of merit.

(KANWALJIT SINGH AHLUWALIA)J.

Mak/-

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