VIJAY BISHNOI,J. - (1.) These criminal appeals have been preferred on behalf of the appellant - State being aggrieved with the judgment dated 21.4.2016 passed by the Special Judge (POCSO Act) Cases, Chittorgarh (for short 'the trial court') in Sessions Case No.155/2014, whereby the trial court while acquitting the accused respondent for the offences punishable under Section 3/4 read with Section 18 of the POCSO Act and in alternative Section 376(2) read with Section 511 I.P.C. has convicted him for the offence punishable under Section 354 I.P.C. and sentenced him for one year's rigorous imprisonment and imposed a fine of Rs.5,000/-, in default of payment of fine to further undergo one month's rigorous imprisonment.
(2.) The appellant - State has filed S.B. Criminal Appeal No.681/2016 against the judgment of acquittal of the accused respondent for the offences punishable under Section 3/4 read with Section 18 of the POCSO Act and in alternative Section 376(2) read with Section 511 I.P.C. and S.B. Criminal Appeal No.520/2016 has been filed for enhancement of sentence awarded by the trial court to the accused respondent for the offence punishable under Section 354 I.P.C.
(3.) Learned Public Prosecutor has argued that the trial court has grossly erred in not treating the complainant PW-2 as minor. It is argued that to prove the fact that the complainant was minor on the date of incident, the prosecution has produced transfer certificate and school register as Exhibits P-8 and P-9 respectively and the said documents have been verified by Madhu Malti (PW-7), the Head Mistress of the Government Girls School, Rud. It is argued that the trial court has further erred in acquitting the accused respondent for the offences punishable under Section 3/4 read with Section 18 of the POCSO Act and in alternative under Section 376(2) read with Section 511 I.P.C. because from the statement of the prosecutrix (PW-2) and Manju (PW-5), it is clearly proved that the accused respondent had tried to commit rape upon the prosecutrix. Learned Public Prosecutor has therefore prayed that the impugned judgment passed by the trial court acquitting the accused respondent for the offences punishable under Section 3/4 read with Section 18 of the POCSO Act and in alternative Section 376(2) read with Section 511 I.P.C. be set aside and the accused respondent be convicted and sentenced for the aforesaid offences accordingly.;