Decided on July 18,2019

Jamir Ali Appellant


S.Talapatra, J. - (1.)This appeal arises from the judgment and order of conviction and sentence dated 13.08.2015 delivered in Special 10 of 2015 by the Special Judge (POCSO), Gomati Judicial District, Udaipur.
(2.)The appellant was charged under Sections 376(2)(i)(n), 417 and 506 of the IPC and under Section 6 of the Protection of Children from Sexual Offences Act, 2012, in short, POCSO Act and convicted after regular trial under Sections 376(2)(i)(n)/417 of the IPC and under Section 6 of the POCSO Act but he was acquitted from the charge under Section 506 of the IPC. The appellant was, as consequence of the said conviction, sentenced to suffer rigorous imprisonment for ten years and fine of Rs.20,000/- with default stipulation under Section 6 of the POCSO Act. But no separate sentence has been awarded for commission of offence punishable under Section 376(2)(i)(n) of the IPC. That apart, the appellant has been sentenced to suffer rigorous imprisonment for one year for commission of offence punishable under Section 417 of the IPC.
(3.)The prosecution against the appellant was initiated when the officer-in-charge, Kakraban Police Station received the complaint (Exbt.P/1) from the victim on 27.08.2014 by reveling that nine months before from the day of filing the complaint, the appellant took her to his house and raped her. He had threatened that he would kill her mother and brother if she had disclosed the matter to anyone. Out of fear, the victim (the name withheld for protection of her identity) did not disclose the said occurrence to anyone. The victim has stated that the appellant had antecedent of causing murder of one person of Rajdhar Nagar and escaping to Bangladesh. Later on, he came back and contracted marriage two times. At the time of occurrence, he had five children. The victim, thereafter, had revealed that she became pregnant. As the appellant promised to marry her, she had indulged in physical relation on many occasions. As her physical condition was changing for pregnancy, she had created pressure on the appellant for marriage, but he had refused to marry her. Even there was an attempt to kill her. Under these circumstances, the victim disclosed the entire episode to her family. On 25.08.2014 she gave birth to a male child in TSDH Hospital at Udaipur. The said child was being taken care of by the Child Line, an organization for care of the children in the head of protection.

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