JULFIKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Julfikar s/o Afzal Khan , b/c Musalman, r/o Hathunia , Police Station, Pratapgarh, District Chitorgarh, has preferred this appeal, against the judgment of conviction and the order of sentence dated 06.02.2006 passed by the District and Sessions Judge, Pratapgarh, District Chittorgarh, in Sessions Case No. 145/2005, whereby he convicted and sentenced the accused appellant under section 376(1) Penal Code to ten years' rigorous imprisonment and a fine of Rs. 10,000.00 and in default of payment of fine to further undergo six months' imprisonment.

(2.) The brief facts of the case are that on 24.09.2005 a FIR was lodged by one Prem Lata to the effect that at about 12.00PM, after school hours where she works as Aanganwari Assistant she went to her Well to collect fodder. Neighbouring to their field is the field of Afzal whose son Julfikar called her for the purpose of assisting him in loading the fodder. When she reached the boundary of Afzal's field, Julfikar caught hold of her and she tried to struggle but he threatened her with dire consequences. Thereafter he committed rape on her. When she returned home, she telephoned her husband and also narrated the incident to her mother in- law . On return of her husband,he lodged the report. FIR was registered and investigation commenced. Charge sheet was filed against the appellant for the offence under section 376 IPC. Thereafter, charge under section 376 (1) Penal Code was framed against the appellant which he denied and claimed to be tried.

(3.) During the trial, prosecution examined as many as 10 witnesses in support of its case and exhibited 18 documents. The accused appellant was examined under section 313 Crimial P.C. The accused denied the charges and claimed to be tried. However, no evidence was led in defence.