Ramesh Kumar vs State
2021 Latest Caselaw 16884 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
               D.B. Criminal Appeal No. 148/2020

Ramesh Kumar S/o Shri Balam Ram, Aged About 24 Years, By
Caste Meghwal, R/o Village Post Balewa, Tehsil Gadra Road,
District Barmer, Rajasthan.
                                                                   ----Appellant
                                     Versus
1.     State, Through P.P.
2.     Rais @ Rashid @ Roshan @ Rashul S/o Dodha Khan, By
       Caste Musalman, R/o Unroad, Police Station Girab,
       District Barmer.
                                                                ----Respondents


For Appellant(s)          :     Mr. Deepak Choudhary
For Respondent(s)         :     Mr. B.R. Bishnoi, AGC



          HON'BLE MR. JUSTICE SANDEEP MEHTA
             HON'BLE MR. JUSTICE SAMEER JAIN

                              JUDGMENT

DATE OF JUDGMENT               :::    12/11/2021


BY THE COURT : (PER HON'BLE MEHTA, J.)

Heard learned counsel representing the appellant-

complainant and the learned Public Prosecutor. Perused the

impugned judgment.

The instant appeal has been preferred by the appellant

complainant against the judgment dated 12.06.2019 passed by

the learned Special Judge, POCSO Act Cases, Barmer in Sessions

Case No.57/2018 whereby, the respondent was convicted for the

offences punishable under Sections 450, 363, 366-A, 376-A, 302,

(2 of 2) [CRLAD-148/2020]

201, 376-AB IPC and Section 5 (m) read with Section 6 of POCSO

Act and was sentenced to life imprisonment to enure till remainder

of his life for the offence punishable under Sections 376-A and

376-AB IPC.

The only prayer which is made in this victim's appeal is to

modify the judgment dated 12.06.2019 and to award death

penalty to the accused-respondent.

Having heard and considered the submissions advanced by

Shri Deepak Choudhary, learned counsel representing the

appellant and learned Public Prosecutor, we are of the firm view

that the instant victim's appeal which has been preferred by the

appellant for enhancing the sentence and to award death penalty

to the accused is not maintainable in view of the clear language

of Section 372 IPC and the interpretation thereof as made by

Hon'ble the Supreme Court in the case of Parvinder Kansal

vs. The State of NCT of Delhi & Anr. (AIR 2020 SC 4044)

Thus, the instant appeal is dismissed as being not

maintainable.

                                   (SAMEER JAIN),J                                          (SANDEEP MEHTA),J

                                    55-Sudhir Asopa/-









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