State of Rajasthan vs Girdhari Lal @ Gulla Ram

By way of this application preferred under Section 378(iii) (i)

of the Cr.P.C ., the State of Rajasthan craves leave to file an appeal

against the judgment dated 23.04.2016 passed by the learned

Sessions Judge, Pali in Sessions Case No.1/2014 acquitting the

respondent accused from the charges under Sections 376 / 511 and

354A IPC and Section 7 / 8 of the Protection of Children from

Sexual Offences Act. It may be noted here that by the impugned

judgment, the learned Sessions Judge convicted the respondent

accused of the charge under Section 354 IPC and sentenced him

to one year simple imprisonment and a fine of Rs.1,000/- and so

also for the offence under Section 3(1)(xi) of the SC/ ST Act and

sentenced him to six months imprisonment and fine of Rs.1,000/-.

I have heard and considered the arguments advanced by the

learned Public Prosecutor and have gone through the impugned

judgment as well as the record.

The star witness examined by the prosecution to bring home

the charges was the victim Mst. ''P (PW-7). The trial court recorded

her evidence after being satisfied that she understood the

consequences of her allegations. In her evidence, the victim

alleged that the accused caught hold of her hand and took her to

his field. There, the accused opened her clothes as well as his

pant. Thereupon, she raised a hue and cry. On hearing her cries,

Mangu Singh shouted and the accused, tied his pant and ran

away. From this statement, it is evident that the accused did not

proceed to make any attempt to subject the victim to forcible

sexual intercourse. The act of the accused did not proceed beyond

preparation at best. Thus, the trial court was perfectly justified in

discarding the prosecution story regarding the alleged offence of

attempt to commit rape as well as the offences under Section 354-

A IPC and Section 7/8 of the POCSO Act. The impugned judgment

ex-facie does not suffer from any illegality, irregularity or

perversity so as to grant leave to the State of Rajasthan to file an

appeal there against.

Thus, the application for leave to appeal being devoid of any

merit is hereby rejected.

Record be returned to the trial court.