NEKU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of a learned single Judge of the Rajasthan High Court at Jodhpur upholding the conviction of appellant No.1 Neku Khan for offence punishable under Sections 376, 147, 323/149, 342, 458 and 366 of the Indian Penal Code, 1860 (in short the 'IPC') The other appellants were convicted for offence punishable under Section 147, 323/149, 342, 458 and 366 IPC.

(2.) Prosecution version as unfolded during trial is as follows:

(3.) In support of the appeal, learned counsel for the appellant submitted that the trial court and the High Court lost sight of the fact that the DWs 1 & 2 categorically stated about the marriage of the victim with appellant No. 1. That being so the question of any rape or abduction as claimed does not arise. It is further pointed out that there is no evidence to link the appellants 3 to 5 with the offence.