BABU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374 Crimial P.C. has been filed by the accused-appellant Babu Khan against the judgment of conviction and order of sentence dated 31st March, 2003 passed by the learned Special Judge, Women Atrocities and Dowry Prohibition Cases cum Additional Sessions Judge, Jaipur District, Jaipur in Sessions Case No.90/2002 whereby the accused-appellant has been convicted under section 376 Penal Code and sentenced for imprisonment of life and a fine of Rs. 25,000.00, in default of payment of fine to further undergo five years rigorous imprisonment.

(2.) Briefly stated the facts giving rise to the present appeal are that a written report (Ex.P-5) was submitted before Rajendra Singh (PW-6) as one Laxmi Narain (PW-8) informed on telephone in police station Phulera that a small girl of his village was raped. In the written report (Ex.P-5), it was, inter-alia, stated that accused Babu Khan who is maternal father-in-law of Seema (PW-9) had come to her house on 15.4.2002 from his village and was staying with them. It was also alleged that on the day of incident, since morning accused was taking liquor and between 1.30 p.m. to 2.00 p.m., she had to leave the house for buying tea leaves and when she returned back, she found that her daughter Naaz aged six months was lying on the cot and was crying loudly. It was also stated that accused was lying on her and was trying to insert his penis into her vagina as a result of which blood was oozing out of her vagina. On seeing her daughter being raped, she cried. As a result of her cry, her sister-in-law and some of the villagers of the vicinity came there. It was also alleged that accused when tried to run away from the place of incident after tightening his pent and washing underwear, he was caught by the neighbourers. It was also alleged that Naaz was raped in a very cruel manner as a result of which she fainted and her vagina torned and blood was coming out of the vagina. The accused be punished for the inhuman act committed by him.

(3.) On the basis of above report in the police station case no.81/2002 under section 376 was registered.