RAJU Vs. STATE

JUDGEMENT

(1.) Vide impugned judgment dated 21st March, 2002, Raju and Sanjay were convicted for the offences punishable under Sections 366/376/34 IPC, however, the co-accused Sadanand and Ram Pal Singh were acquitted for offences punishable under Sections 368/376/201 IPC. Vide order on sentence dated 5th April, 2002, Raju and Sanjay were sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs. 1,000.00 for offence punishable under Sec. 366/34 Penal Code and rigorous imprisonment for a period of seven years and to pay a fine of Rs. 1,000.00 for offence punishable under Sec. 376/34 IPC.

(2.) Learned counsel for the appellants submits that there is no material on record to prove the offences punishable under Sections 366/376 Penal Code against the appellants. Since the prosecutrix PW-6 was not cross examined on behalf of the appellants, her testimony cannot be used for convicting the appellants. Besides the prosecutrix, no other witness has been examined to prove the incident alleged.

(3.) The prosecution case springs out of a missing report lodged by father of the prosecutrix on 4th May, 1988 stating that his daughter PW-6 had left the house on 1st May, 1988 around 4:00 P.M. to purchase the vegetables and did not return back.