Rajasthan High Court - Jodhpur
Babu Lal vs State And Anr (2023:Rj-Jd:42246) on 5 December, 2023
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2023:RJ-JD:42246]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Appeal No. 1203/2017
Babu Lal Son Of Mishri Lal, By Caste Ghanchi, Resident Of
Infront Of Dak Bunglaw, Bera Chudiya, Jaitaran, District Pali.
----Appellant
Versus
1. The State Of Rajasthan
2. Mehboob Kalal @ Babu Khan Son Of Sadiq Khan, By
Caste Kalal Muslim, R/o Nearby Ramsar Talab, Teliyo Ka
Mohalla, Ren Village, Merta Road Police Station, District
Nagaur.
----Respondents
For Appellant(s) : Mr. Karan Singh Rathore and
Mr. Raj Singh Bhati, on behalf of
Mr. D.S. Udawat
For Respondent(s) : Mr. Mukesh Trivedi, PP
Dr. Javed Moyal, for respondent No.2
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order 05/12/2023 The instant criminal appeal under Section 374(2) read with Section 378(3) Cr.P.C. has been filed by the appellant against the judgment and order dated 10.03.2017 passed by the learned Special Judge, POCSO Act Cases, Pali, in Sessions Case No.35/2017 (43/2014) by which the learned Judge has convicted the respondent No.2 for offence under Section 376(2)(N) IPC and Section 5(L)/6 of POCSO Act but acquitted the respondent No.2 from the offence under Section 384 of IPC by giving the benefit of doubt and ordered to pay back the amount of Rs.2,92,200/- to the accused respondent.
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[2023:RJ-JD:42246] (2 of 2) [CRLA-1203/2017] Learned counsel for the appellant submits that the victim was minor at the time of the incident and less sentence has been awarded by the learned trial Court to the accused respondent No.2. Therefore, the matter may be remanded back for passing a fresh order while enhancing the sentence of the respondent No.2.
Learned Public Prosecutor submitted a report dated 04.12.2023 received from the concerned Jail, in which it is mentioned that after completion of total ten year of sentence as well as in lieu of fine had already been served by the respondent No.2 Mehboob Kalal @ Babu Khan and he was released from Jail on 17.03.2023.
In these circumstances, the judgment of the trial Court is perfectly justified and there is no illegality or perversity in the impugned order passed by the learned trial court and no interference is called from this Court.
Hence, the instant criminal appeal filed by the appellant is hereby dismissed.
Stay petition is also dismissed.
(MANOJ KUMAR GARG),J 280-Ishan/-
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