HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
S.B. Criminal Leave To Appeal No. 77 / 2017
State Of Rajasthan
Mahendra Kumar Rao
For Appellant(s) : Mr. Prakash Thakuriya PP
For Respondent(s) :
HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
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)
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.