KAWAR SINGH @ KAWRIYA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 24.10.2005 passed by Special Judge (Women Atrocity and Dowry Cases) Kota in Sessions Case No.33/2005 by which he convicted accused-appellant under Section 363 IPC and sentenced him to undergo one year rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine to further undergo one month simple imprisonment and under Section 376/511 IPC sentenced him to undergo 7 years rigorous imprisonment and fine of Ra 1,000/ -and in default of payment of fine to further undergo 3 months simple imprisonment and it was further observed that both the sentences were run concurrently.

(2.) Brief facts of the prosecution case are that PW11 Mangi Lal lodged report Exhibit P1 on 22.03.2005 at 05.30 P.M. and alleged that he along with his family members was residing in hut in back side of All India Radio Colony. He along with his wife and son Satyanarayan had gone for labour work and at 04.00 P.M. his son-in-law Moti informed him that complainant's daughter Sonu aged 3 years is missing from hut then he along with his wife and son came to their hut and along with his younger brother Babu and his wife Reta made search of daughter Sonu and called her then they heard her voice, then they went on the spot and saw that behind bushes accused Kawar Singh was lying in a naked position and his daughter Sonu was lying on accused's body near his penis. Accused tried to run away but he was caught by them along with Sharma Ji and one Military Subedar on the spot. On this report ease under Section 363 and 376/511 IPC was registered.

(3.) After completion of investigation challan was filed under Section 363 and 376/511 IPC against the accused appellant in the court of Special Court, Communal Riots, Kota. Case was committed to the court of Sessions Judge Kota from where case was transferred to Special Judge, (Women Atrocity and Dowry Cases) Kota. Charge under Section 363 and 376/511 IPC was framed against the accused appellant to which he denied. During trial 12 witnesses were examined, the statement of accused appellant was recorded under Section 313 Cr.P.C. After hearing arguments the accused appellant was convicted and sentenced as aforesaid.