Moolchandani, J. - (1.) This appeal is directed against the judgment dated 04.07.2016 passed by Sessions Judge, Rajsamand in Sessions Case No.84/2014 (CIS No.262/2014) by which learned trial court has convicted the appellant-accused under Sections 5(N)/6 of the Prevention of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act') for life imprisonment with a fine of Rs.5000/-, in default further to undergo five months' simple imprisonment.
(2.) The First Information Report disclosing the factual aspect of the offence reads as under:- ...[VARNACULAR TEXT OMITTED]...
(3.) Heard submissions of both the sides learned Amicus Curiae representing the appellant has submitted that allegations regarding rape are wrong, in fact, the prosecutrix was disobeying command of her parents and she was instructed to mend her behaviour and not to nurture unwanted relationship with vagabond elements, which was not endured by the prosecutrix and in retaliation, she lodged a bogus FIR to harass her father. It has further been argued that the prosecutrix got admitted directly in the third standard and she was not a minor at the time of alleged offence so, provisions relating to POCSO Act does not attract in this case and the trial court ignored this aspect, which was agitated before the trial court but without paying any heed to the legal contentions, the trial was conducted. All the witnesses are hearsay and the FIR has also been lodged belatedly by two days, in a well thought way. The findings of the trial court are perverse and unsustainable, so the appeal be allowed and the appellant-accused be set at liberty. On the contrary, learned Public Prosecutor has contended that narrations of minor victim-prosecutrix are reliable and trustworthy since she has revealed a true story.;