Babu Lal vs State And Anr (2023:Rj-Jd:42246)
2023 Latest Caselaw 10431 Raj

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.

[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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