MAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 28.6.2004 passed by Additional Sessions Judge (Fast Track) No.1, Alwar in Sessions Case 35/2004 (33/04) by which he convicted accused-appellant Man Singh under Section 366-A and 376 (2) (F)/511 IPC and sentenced to undergo five years rigorous imprisonment and fine of Rs. 2,000/-, in default of payment of fine to further undergo six months rigorous imprisonment under Section 366-A, and sentenced to undergo ten years rigorous imprisonment and fine of Rs. 2,000/-, in default of payment of fine to further undergo one years rigorous imprisonment under Section 376(2)(F)/ 511 IPC and further observed that both sentences shall run concurrently.

(2.) Brief facts of the prosecution case are that PW8-Hemveer Singh lodged FIR Ex.P/8 on 3.1.2004 at 7.30 p.m. and stated that at around 6.00 p.m. one Mona Baba alongwith a girl of 8 to 10 years went in his Rickshaw and they left the Rickshaw near Manu Marg and paid him fare. Passenger Mona Baba took that girl in a deserted house. Complainant was waiting for another passenger and within 5 minutes he heard cries of girl, then, he alongwith other labour went on the spot and saw that passenger Mona Baba was trying to put down that girl and girl was crying. Mona Baba tried to run away, but he was caught by the complainant and other persons. On inquiry Mona Baba revealed his name as Man Singh. Man Singh was beaten by other persons on the spot and girl was taken by her family members. On this report case under Section 366, 376/511 IPC was registered.

(3.) After completion of investigation challan under Section 363, 376(2)(F)/511 IPC was filed against the accused-appellant in the Court of Chief Judicial Magistrate, Alwar. Case was committed to the Court of Sessions Judge, Alwar which was transferred to Additional Sessions Judge (Fast Track) No.1, Alwar. Charge under Section 366- A,376(2)(F)/511 IPC was framed against the accused-appellant to which he denied. During trial ten witnesses were examined by the prosecution and after recording statement of accused under Section 313 Cr.P.C. and hearing arguments the accused-appellant was convicted and sentenced as aforesaid.