MOHD SHARIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 24.4.2006 passed by Sessions Judge, Sawaimadhopur in Sessions Case No.60/2005 by which he convicted accused-appellant-Mohammed Sharif under Section 376 IPC and sentenced to undergo 7 years rigorous imprisonment and fine of Rs.1000/-, in default of payment of fine to further undergo three months simple imprisonment and acquitted-accused-Guddi alisa Santosh under Section 120-B IPC.

(2.) Brief facts of the prosecution case are that PW9-Rekha gave parcha bayan Ex.P/1 on 9.10.2005 at 11.30 a.m. and alleged that she was studying in 6th Class in Government Girls School, Sarsop. On 6.10.2005 after availing interval she was returning back to school at 1.00 p.m. alongwith Nosin and reached near house of Guddi Jain. Guddi called them then both of them went in the house of Guddi Jain. Guddi told them that she is to go for natural call and they should accompany her so they went with Guddi in the Bada. Guddi bolted door of Bada. Between 1.30 to 2.00 p.m. accused-Sharif came in the Bada from back side and all the of them sat on sand in the room located in Bada. Both of them started crying then accused-Sharif slapped Nosin. Lateron Sharif took her forcibly in the room and removed her Salwar and committed rape with her. Lateron Sharif tried to take Nosin with him then she cried and Guddi also objected. Then Sharif threatened them not to reveal this incident to anyone and returned back. Guddi alongwith Nosin came out of Bada and Guddi asked them to go to school. Next day she informed about the incident to her mother-Geeta. It was further revealed that neither semen passed in her vagina nor any spot was made on her clothes. On this parcha bayan case under Section 376 IPC was registered. After completion of investigation challan under Section 376, 120-B IPC was filed against the accused-appellant and Guddi in the Court of Judicial Magistrate, Sawaimadhopur. Case was committed to the Court of Sessions Judge, Sawaimadhopur. Charge under Section 376 IPC was framed against accused-appellant and under Section 120-B IPC was framed against accused-Guddi to which they denied. During trial prosecution examined 18 witnesses and statement of accused were recorded under Section 313 Cr.P.C. Defence examined three witnesses and after hearing arguments the accused-appellant was convicted and sentenced as aforesaid and accused-Guddi was acquitted of the offence under Section 120-B IPC.

(3.) Heard learned counsel for the parties and perused the record.