JABRU RAM Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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SANDEEP MEHTA,J. -
(1.) The appellant herein has been convicted and sentenced as below vide judgment dated 15.05.2015 passed by the learned Sessions Judge, Jodhpur District in Sessions Case No.175/2013:
Offences Sentences Fine Fine Default sentences Section 376(2) (i) IPC Life Imprisonment Rs.5,000/- 06 Months' R.I. Section 3/4 of the POCSO Act Life Imprisonment Rs.5,000/- 06 Months' R.I. Section 7/8 of the POCSO Act 05 Years' R.I. Rs.2,000/- 03 Months' R.I. All the substantive sentences were ordered to run concurrently.
(2.) Being aggrieved of his conviction and sentences, the appellant has preferred this appeal under Section 374(2) Cr.P.C.
(3.) Brief facts relevant and essential for disposal of the appeal are noted herein below:
Mst. 'P' (PW-1), aged about 12-13 years, resident of Chowkidaro Ka Bas, Barna, Police Station Bilara, District Jodhpur, was admitted at the bed No.3 of the Woman Ward, CHC, Bilara, on 05.11.2013. Her Parcha Bayan (Ex.P/4) was recorded by the SHO, Police Station Bilara Shri Pushpendra Verma wherein, the girl (hereinafter referred to as the 'victim') alleged that she was studying in the Class IV. She had four siblings. Her parents were alive and were present with her in the hospital where she was being treated. On the previous day i.e. on 04.11.2013, she had taken three buffaloes from her house to the grazing ground in the afternoon. When she reached near the Hanuman Pyau, a boy named Jabru Ram, who lives in her neighbourhood and whom she knew from before, was sitting there. She left the buffaloes in the field and went to the pond for drinking water. She was washing her limbs when Jabru Ram came there; caught hold of her hand and forcibly threw her on the ground. She resisted but, Jabru Ram dragged her to the Jalki tree and forced her to lie down. She told that she would raise a hue and cry and would hit him by a stone on which, Jabru Ram lifted her lehanga, removed her undergarment and tried to insert his penis into her private parts. He also caressed her private parts and she felt something sticky. His mouth was stinking of liquor. She tried to shout on which, the accused ran away after putting on his trouser. He was wearing a black coloured pant and a stripped shirt. She composed herself, collected the buffaloes and came back to her house. There, she confided of the incident to her mother Geeta and she was crying at that time. Her mother sent Laxman Ram on a motorcycle to find out Jabru Ram and thereafter, the victim was brought to the hospital. ;
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