Maniya vs State Of Rajasthan on 22 July, 2026

    0
    5
    ADVERTISEMENT

    Rajasthan High Court – Jodhpur

    Maniya vs State Of Rajasthan on 22 July, 2026

    Author: Kuldeep Mathur

    Bench: Kuldeep Mathur

    [2026:RJ-JP:34871]
    
            HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR
    
                    S.B. Criminal Appeal (Sb) No. 536/2026
          CNR: RJHC010100862026 | URN: CRLAS / 1151U / 2026
    
    Maniya S/o Dhuliya, Aged About 25 Years, Village Rujadi, P.s.
    Pipal Khunt, Dist.- Pratapgarh. (Presently In Judicial Custody At
    Central Jail, Jodhpur)
                                                                        ----Appellant
                                        Versus
    1.       State Of Rajasthan, Through Public Prosecutor Jodhpur
    2.       Jaya Alias Jiwa D/o Rakma, Aged About 16 Years,
             Through Her Father Rakma S/o Masru Age 43 Years,
             Village Chib Kher Dabara, P.s. Bhungada, Dist - Banswada
                                                                     ----Respondents
    
    
    For Appellant(s)          :     Mr. Siddharth Karwasra
    For Respondent(s)         :     Mr. Narendra Singh Chundawat, PP
    
    
    
                HON'BLE MR. JUSTICE KULDEEP MATHUR
    
                                        ORDER
    

    22/07/2026

    Today, the matter was listed for consideration of application

    SPONSORED

    for suspension of sentences of the petitioner. However, at the

    request of both the parties, the appeal itself has been finally heard

    and is being decided today itself.

    1. The present appeal under Section 415 BNSS has been

    preferred by the appellant against the judgment dated 30.09.2019

    passed by the learned Special Court, Protection of Children from

    Sexual Offences Act 2012 and Children’s Court under The

    Commission for Protection of Child Right Act 2005, Banswara in

    Special Case No.57/2018 whereby the learned trial court has

    convicted and sentenced the accused-appellant as under:

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (2 of 9) [CRLAS-536/2026]

    Offence under Sentence Fine In default
    Section
    344
    of IPC R.I. for 03 years Rs.3,000/- S.I. for 2 months
    363 of IPC R.I. for 04 years Rs.4,000/- S.I. for 3 months
    366 of IPC R.I. for 05 years Rs.5,000/- S.I. for 4 months
    376 of IPC R.I. for 13 years Rs.13,000/- S.I. for 6 months
    3/4(2) of R.I. for 13 years Rs.13,000/- S.I. for 6 months
    POCSO Act
    All sentences were ordered to run concurrently.

    2. Briefly stated, the prosecution case is that on 22.04.2017,

    the father of the prosecutrix submitted a written report at Police

    Station Bhungada alleging inter alia that his daughter, aged about

    15 years and 6 months, had gone to a nearby village to participate

    in a Dandiya programme on 24.03.2017 and did not return home

    thereafter. It was also alleged that the appellant had enticed and

    taken away the minor prosecutrix and had committed sexual

    intercourse with her during the period she remained in his

    company. On the basis of the aforesaid written report, FIR

    No.54/2017 came to be registered and investigation was

    commenced.

    3. During investigation, the prosecutrix as well as the appellant

    were recovered. The Investigating Officer had got the medical

    examination of the prosecutrix and the accused conducted,

    recorded the statements of witnesses under Section 161 Cr.P.C.,

    obtained the school record and other documentary evidence

    relating to the age of the prosecutrix and, after completion of

    investigation, filed charge-sheet against the appellant for offences

    punishable under Sections 363, 366 and 376 IPC and Section 3/4

    of the POCSO Act.

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (3 of 9) [CRLAS-536/2026]

    4. Thereafter, the learned trial Court framed charges against

    the appellant, who denied the allegations and claimed trial. The

    prosecution examined twenty-three witnesses and exhibited

    documentary evidence. The appellant, in his statement under

    Section 313 Cr.P.C., denied all the allegations levelled against him

    and pleaded false implication. After appreciating the oral as well

    as documentary evidence available on record, the learned trial

    Court convicted and sentenced the appellant by the impugned

    judgment.

    5. Learned counsel for the appellant vehemently contended that

    the learned trial Court has committed grave error in recording the

    conviction without properly appreciating the evidence available on

    record. It was further contended that the prosecution has failed to

    establish beyond reasonable doubt that the prosecutrix was below

    eighteen years of age on the date of the alleged incident. To

    substantiate these contentions, learned counsel submitted that the

    medical evidence regarding age of the prosecutrix indicates that

    she was above eighteen years at the relevant time, whereas the

    learned trial Court has placed implicit reliance upon the school

    record without satisfying itself about the authenticity and

    admissibility thereof.

    6. It was further submitted that neither the admission form nor

    the person who had supplied the date of birth at the time of

    admission was produced before the Court and, therefore, the

    school record could not have been treated as conclusive proof of

    age. Learned counsel also submitted that the learned trial Court

    has failed to properly appreciate the principles governing

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (4 of 9) [CRLAS-536/2026]

    determination of age laid down by the Hon’ble Supreme Court in

    its judgments.

    7. Learned counsel further submitted that the evidence on

    record unambiguously demonstrates that the prosecutrix and the

    appellant were acquainted with each other, developed a love affair

    and had voluntarily left their respective homes with the intention

    of solemnizing marriage. The prosecutrix herself admitted in her

    testimony that she accompanied the appellant out of her own free

    will, travelled with him, remained with him for a considerable

    period and even accompanied him to the Court for the purpose of

    marriage.

    8. Learned counsel for the appellant submitted that there are

    material contradictions and omissions in the statements of the

    prosecutrix and other prosecution witnesses, rendering the

    prosecution version unreliable. Drawing attention of the Court

    towards the medical and FSL evidence, learned counsel submitted

    that the same does not corroborate with the prosecution’s case. It

    was, therefore, submitted that the prosecution has failed to

    establish the charges beyond reasonable doubt and the impugned

    judgment of conviction deserves to be quashed and set aside.

    9. Alternatively, learned counsel submitted that the incident is

    of the year 2017; the appellant has already undergone a

    substantial period of incarceration and has faced the agony of

    criminal proceedings for several years. It was, therefore, prayed

    that without making any interference on merits/conviction, the

    sentences so awarded to the appellant may be substituted with

    the period of sentences already undergone by him.

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (5 of 9) [CRLAS-536/2026]

    10. Per contra, learned Public Prosecutor supported the

    impugned judgment and submitted that the learned trial Court has

    meticulously appreciated the entire evidence available on record.

    It was contended that the age of the prosecutrix stood duly

    proved from reliable documentary evidence and, once the

    prosecutrix was found to be a minor, her alleged consent lost all

    legal significance. It was further submitted that the testimony of

    the prosecutrix inspires confidence and finds due corroboration

    from the surrounding circumstances as well as the evidence

    collected during investigation. Learned Public Prosecutor,

    therefore, prayed for dismissal of the appeal.

    11. Heard learned counsel for the appellant-applicant and the

    learned Public Prosecutor at Bar. Perused the material available on

    record.

    12. At the outset, this Court finds that the learned trial Court has

    undertaken a detailed appreciation of the entire evidence adduced

    by the prosecution. The prosecutrix has consistently supported the

    prosecution case in her statement before the Court and has

    specifically stated regarding her kidnapping by the appellant and

    commission of sexual intercourse with her during the period she

    remained in his company. The statements of the prosecutrix finds

    material corroboration from the medical evidence as well as other

    prosecution witnesses. It is a settled proposition of law that the

    testimony of the prosecutrix, if found reliable and trustworthy, is

    by itself sufficient to sustain conviction and does not require

    independent corroboration as a matter of rule.

    13. So far as the contention regarding the age of the prosecutrix

    is concerned, the learned trial Court has dealt with the said issue

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (6 of 9) [CRLAS-536/2026]

    in considerable detail. Though learned counsel for the appellant

    has sought to rely upon the opinion of the Medical Board

    suggesting that the prosecutrix could be above eighteen years of

    age, the documentary evidence relating to her date of birth, duly

    proved during trial, has rightly been preferred by the learned trial

    Court. It is well settled that where reliable documentary evidence

    regarding age is available, the same ordinarily prevails over

    medical opinion, which is only an approximate assessment. This

    Court, therefore, finds no infirmity in the conclusion recorded by

    the learned trial Court that the prosecutrix was a minor on the

    date of occurrence.

    14. Equally devoid of merit is the submission that the prosecutrix

    had voluntarily accompanied the appellant. Even assuming that

    the prosecutrix had accompanied the appellant out of her own

    volition or that the parties were having a romantic relationship,

    such circumstance would not exonerate the appellant from

    criminal liability once the prosecutrix is found to be below eighteen

    years of age. Under the provisions of the POCSO Act as well as the

    relevant provisions of the Indian Penal Code, consent of a minor is

    legally inconsequential.

    15. This Court also finds that the discrepancies in statements of

    prosecution witnesses and FSL report as pointed out by learned

    counsel for the appellant are only minor inconsistencies, natural to

    occur after lapse of time, and do not go to the root of the

    prosecution case. The learned trial Court has appreciated the

    evidence in its correct perspective and no perversity or illegality

    warranting interference with the finding of conviction is made out.

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (7 of 9) [CRLAS-536/2026]

    16. Consequently, this Court is satisfied that the prosecution has

    succeeded in proving the guilt of the appellant beyond reasonable

    doubt. The findings of conviction recorded by the learned court

    below are based upon proper appreciation of evidence and do not

    suffer from any legal or factual infirmity warranting interference in

    appellate jurisdiction. Accordingly, the conviction of the appellant

    for the offences under Sections 344, 363, 366 and 376 IPC as well

    as Section 4 of the Protection of Children from Sexual Offences

    Act, 2012 deserves to be affirmed.

    17. However, the question regarding the quantum of sentence

    stands on a different footing and is required to be considered

    independently. Sentencing is not a mechanical exercise to be

    undertaken solely with reference to the statutory maximum or

    minimum punishment prescribed for an offence. The Court is

    required to balance the gravity of the crime with the

    circumstances attending its commission, the antecedents of the

    offender, the period already undergone, the passage of time and

    the overall ends of justice.

    18. In Alister Anthony Pareira vs. State of Maharashtra,

    (2012) 2 SCC 648, the Hon’ble Supreme Court explained the

    principles governing sentencing as under:

    “70. Sentencing is an important task in the matters of crime. One
    of the prime objectives of the criminal law is imposition of
    appropriate, adequate, just and proportionate sentence
    commensurate with the nature and gravity of crime and the
    manner in which the crime is done. There is no straitjacket
    formula for sentencing an accused on proof of crime. The courts
    have evolved certain principles: twin objective of the sentencing
    policy is deterrence and correction. What sentence would meet
    the ends of justice depends on the facts and circumstances of
    each case and the court must keep in mind the gravity of the

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (8 of 9) [CRLAS-536/2026]

    crime, motive for the crime, nature of the offence and all other
    attendant circumstances.”

    19. The aforesaid principle has consistently guided the exercise

    of appellate jurisdiction while considering whether the sentence

    imposed requires modification.

    20. In the present case, the incident occurred in the year 2017.

    The appellant has already undergone substantial incarceration

    pursuant to the impugned judgment. It has also been brought to

    the notice of this Court that after his release on bail during

    pendency of the trial, the appellant has not misused the liberty

    granted to him and has not involved in any criminal activity.

    21. Having regard to the totality of facts and circumstances, the

    nature of evidence available on record, the period already

    undergone by the appellant, the long lapse of time since the

    occurrence, the age of the appellant at the relevant time and

    keeping in view the principles governing sentencing laid down by

    the Hon’ble Supreme Court in Alister Anthony Pareira (supra),

    this Court is of the considered opinion that while the conviction

    recorded by the learned trial Court deserves to be maintained in

    toto, the ends of justice would be adequately served by reducing

    the substantive sentence awarded to the appellant to the period

    already undergone by him. The sentence of fine imposed by the

    learned trial Court, together with the default stipulations, deserves

    to remain unaltered.

    22. Consequently, the appeal is allowed in part. The conviction of

    the appellant under Sections 344, 363, 366 and 376 IPC and

    Section 4 of the Protection of Children from Sexual Offences Act,

    2012 is maintained. However, the substantive sentence of

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)
    [2026:RJ-JP:34871] (9 of 9) [CRLAS-536/2026]

    imprisonment awarded by the learned trial Court is modified and

    reduced to the period already undergone by the appellant. The

    sentence of fine and the default sentences shall remain intact. The

    appellant is in prison and shall be released forthwith, if not wanted

    in any other case, provided he deposits the amount of fine, if not

    already deposited.

    23. However, keeping in view the provisions of Section 481

    BNSS, the accused appellant is directed to furnish a personal bond

    in the sum of Rs.15,000/- and a surety bond in the like amount

    before the learned trial court, which shall be effective for a period

    of six months to the effect that in the event of filing of a Special

    Leave Petition against the present judgment on receipt of notice

    thereof, the appellant shall appear before the Supreme Court.

    24. All pending applicaiton(s), if any, stand disposed of

    accordingly.

    (KULDEEP MATHUR),J

    1/Divya Raj Jasmatiya

    (Uploaded on 27/07/2026 at 06:26:35 PM)
    (Downloaded on 27/07/2026 at 08:37:05 PM)

    Powered by TCPDF (www.tcpdf.org)



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here