RAMOTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 5.4.2006 passed by Additional Sessions Judge (Fast Track) No.2, Jhnujhunu in Sessions Case 166/2005 (40/02, 23/02) by which he convicted accused-appellant-Ramotar under Section 376 IPC and sentenced to undergo 7 years rigorous imprisonment and fine of Rs.100/-, in default of payment of fine to further undergo one month's simple imprisonment.

(2.) Brief facts of the prosecution case are that PW5-Ummed Singh lodged report Ex.P/9 on 25.8.2000 at 4.30 a.m. and alleged that on 24.8.2000 he alongwith Constable-Balbir Singh, Liyakat Ali proceeded for 'gasht' in Government Jeep driven by Jai Prakash. They reached at Budana Check Post at 2.30 a.m. where they got information through wireless that many persons have assembled in village Budana and they have detained one man and one woman. On this information complainant-Ummed Singh left Budana Check Post and took lady Constable-Subhita with them and reached in village Udawas at 3.00 a.m. and found that many persons assembled on the road side and they had detained one mentally retarded lady-Mamta and accused-Ramotar. The villagers also revealed them that accused-Ramotar has committed rape with Mamta. On this report case under Section 376 IPC was registered. After completion of investigation challan under Section 376 IPC was filed against the accused-appellant in the Court of A.C.J.M.Jhunjhunu. Case was committed to the Court of Sessions Judge, Jhunjhunu which was transferred to different Courts and ultimately case was transferred to Additional Sessions Judge (Fast Track) No.2, Jhnjhunu. Charge under Section 376 IPC was framed against the accused-appellant to which he denied. During trial prosecution examined 12 witnesses and after recording statement of accused under Section 313 Cr.P.C. and hearing arguments the accused-appellant was convicted and sentenced as aforesaid.

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