DINESH MEHTA,J. - (1.) Both the appeals, mentioned above, arise out of the common judgment and sentence dated 03.02.2017 passed by the learned Special Judge, POCSO Act, Pali in Sessions Case No. 11/2017 (144/2014), whereby the Court below has awarded the following sentences to the appellants:- ...[VERNACULAR TEXT OMITTED]...
(2.) The facts apropos for the purpose of deciding the present appeals are that the complainant - Chima lodged an FIR on 22.09.2014 in Police Station, Sendra against the accused- appellants, inter alia, alleging that on 20.09.2014, when he returned from his work and his wife from the field, they found that his daughter 'P', aged 12 years was not at home. He along with his relatives looked for her, but such attempts went in vain. His daughter ("P") ultimately came home at about 5:00 p.m. on 21.09.2014 totally disturbed and dismented. When his distraught daughter was solaced and comforted, she divulged that Sukha S/o Dau had come to their house at 11:00 a.m. on 20.09.2014, when she was all-alone and threatened her with a knife and asked her to hand-over cash and jewellery; failing which, he would kill her. It was stated that his dreaded daughter was constrained to hand over 20,000/- rupees lying in the house besides a sliver chain, pyjeb and aanwala to the accused - Sukha. Thereafter, said Sukha S/o Dau, along with Sukha S/o Mewa and Pintu forcefully made her to sit on a motorcycle and took her to a hotel situated at Beawar. In a closed room of the said hotel, the appellants, along with another Sukha S/o Mewa, raped her under the threat of a knife; and thereafter, left her at the Railway Station, Beawar.
(3.) Pursuant to the FIR so lodged by Chima, the Police, after investigation, filed charge-sheet against the accused-appellants, Pintu and Sukha @ Sikander S/o Dau under Sections 392 , 366-A , 376-D of the Indian Penal Code and Section 5 (j), 5(l))/6 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the "POCSO Act, 2012").;