BANNA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 19. 7. 2001 passed by learned Additional Sessions Judge No. 2, Bhilwara in Criminal Case No. 37/2000 by which he while acquitting the accused appellant for offence under Section 363 and 366 IPC convicted the accused appellant for offence under Sections 376 IPC and sentenced him as under: Offence Sentence awarded 376 IPC 10 years' RI and a fine of Rs. 1000/- in default to further undergo 3 months' SI.

(2.) THIS appeal arises in the following circumstances: (i) On 15. 7. 99, P. W. 1 Prem Singh lodged a written report Ex. P/1 with the police Station Jahajpur stating that on 9. 7. 99, her daughter P. W. 6 Nandu (hereinafter referred to as the prosecutrix) aged 12 to 13 years was enticed and kidnapped by the accused appellant against her will. On 15. 78. 99 he came to know that the accused appellant had taken P. W. 6 Nandu somewhere, therefore, he lodged this report.

(3.) AT the conclusion of the trial, the learned Additional Sessions Judge vide his judgment and order dated 19. 7. 2001 while acquitting accused appellant for offence under Sections 363 and 366 IPC convicted and sentenced the accused appellant for offence under Section 376 IPC inter alia holding that: (i) On the date of occurrence P. W. 6 Nandu was above the age of 18 years, therefore, no offence under Sections 363 and 366 IPC was found proved. (ii) Even the offence of rape at Jaipur was not found proved by the learned Additional Sessions Judge as per the findings of the learned additional Sessions Judge, she was consenting party at Jaipur, but when she had first sex with the accused appellant in Jungle, for that incident the learned Additional Sessions Judge came to the conclusion that she was raped by the accused appellant and thus he convicted the accused appellant for offence under Section 376 IPC.