BHEERA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated July 29, 1988, of the Additional Sessions Judge No. 1, Udaipur, convicting and sentencing the appllant for the offence under Section 376 IPC to 7 years R. I. and a fine of Rs. 200/- and in default of payment of fine to 3 months further R. I. ; under Section 363 IPC to two years R. I. and a fine of rs. 200/- and in default of payment of fine 3 months further R. I. and under Section 366 IPC 3 years R. I. and a fine of Rs. 200/- and in default of payment of fine to 3 months R. I. All the sentences have been directed to run concurrently.

(2.) THE occurrence took place at village Gandoli in December, 1986 about 12 days prior to the filing of the first information report at the police station Dabok at Fatta on Jan. 6, 1987. As per the prosecution case Smt. Mangi on the date of occurrence was at her mothers house when the accused approached on her and to her that she was wanted at Dabok by her mother. She believed the accused and left the house in his company. THE prosecution case further was that the accused took her to various places and committed sexual intercourse with her. THE First Information Report of the occurrence was lodged by Fatta her father on 6. 1. 87 at the police station Dabok on which a case under Section 363, 366 and 380 IPC was registered and investigation started. After investigation the accused was challened and then committed to the Court of Sessions for trial for the offence under Section 376, 363 and 366 IPC. After trial the Sessions Judge has convicted and sentenced the accused as aforesaid. Aggrieved, the accused has filed the present appeal.

(3.) ACCORDINGLY, the appeal is partly allowed. The conviction and sentence of the appellant for the offence under section 376 I. P. C. is set aside but the conviction and sentence of the appellant recorded by the learned Sessions Judge for the offence under section 366 I. P. C is maintained. No separate sentence for the offence under section 363 I. P. C is passed against the appellant. The judgment of the Additional Sessions Judge shall stand modified accordingly. .