HARDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Hardeep Singh s/o Bhajan Singh , has preferred this Criminal Jail appeal, against the judgment of conviction and the order of sentence dated 20.09.2006, passed by the learned Additional District & Sessions Judge (Fast Track), Hanumangarh, in Sessions Case No. 108/2005 whereby the accused appellant Hardeep Singh has been convicted for the commission of offence under section 376 and 450 Penal Code and sentenced him for the offence under section 376 Penal Code to seven years' rigorous imprisonment and a fine of Rs. 20,000.00 and in default of payment of fine, to further undergo two months' rigorous imprisonment and for the offence under section 450 Penal Code to three years' rigorous imprisonment and a fine of Rs. 1,000.00, and in default of payment of fine, to further undergo five days' rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) The brief facts of the case giving rise to this appeal are that on 03.10.2005, complainant Mani Devi lodged a report at Police Station, Hanumangarh City, stating that on 03.10.05, her daughter-in-law Kisturi Devi was alone at home and at about 2.00PM Hardeep Singh, after having consumed alcohol, came to her house and committed rape on Kisturi Devi. On the basis of this report, on 04.10.05, FIR No.494/2005 was registered and investigation commenced.

(3.) The police filed challan under section 450, 376 Penal Code in the court of learned Addl.Chief Judicial Magistrate, Hanumangarh, from where the case was committed to the court of sessions for trial.