PHOONDIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has preferred this appeal against the judgment and order dated 1.3.2000 passed by the learned Additional Sessions Judge. Barmer in Sessions Case No. 4/1999 by which he convicted and sentenced accused appellant in the following manner:- <FRM>JUDGEMENT_97_LAWS(RAJ)9_2000_1.html</FRM> Both sentences were ordered run concurrently.

(2.) The facts necessary for the disposal of this appeal in short are as follows:-

(3.) On 10.12.1998 at about 4.00 RM. PW/2 Achlaram lodged a report to Ex.P/3 in the police station, Barmer stating that PW 1 Jasoda Studies in Class Vllth in Government Upper Primary School. Harsani and on 9.12.1998 at about 5.00 PM in the evening the PW 1 Jasoda was returning to her house, accused appellant took PW 1 Josoda forcibly from the way and committed rape on her and, thereafter, she reached the house and informed about the incident and, thereafter, the report was lodged. On this report, police chalked out FIR Ex.P/16 and started investigation.