SIRRAJ AHMED @ NASIRUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals, one through Superintendent, Central Jail, Jaipur and another in representative capacity under Sec. 374 Cr.RC. by accused Sirraj Ahmed are directed against the judgment and order dated 23.3.1996 passed by the Special Judge, SC/ST (Prevention of Attrocities) Act Cases, Jaipur by which he has convicted the accused appellant for offence under Sections 376, 377, 384 and 292(2) (A) I.PC., and sentenced him to undergo life imprisonment with a fine of Rs. 10,000.00, in default of payment of fine, to further undergo six months rigorous imprisonment on the first count; to undergo life imprisonment with a fine of Rs. 10,000.00 in default thereof, to further undergo six months rigorous imprisonment on the second count : to undergo 2 years rigorous imprisonment with a fine of Rs. 1,000.00, in default thereof, to further undergo 3 months rigorous imprisonment on the third court and to undergo two years imprisonment and a fine of Rs. 1000.00, in default of payment of fine, to further undergo 3 months rigorous imprisonment on the last count. The sentences were ordered to run concurrently. The trial court ordered that both the victims, namely, Shakuntala and Naina Devi shall get Rs. 10,000.00 each as a measure of compensation.

(2.) Though the learned trial court has found the accused appellant guilty and also convicted him for offence under Sec. 312 IPC, yet, it appears to have escaped to pass an order sentencing the appellant under section 312 IPC.

(3.) The prosecutrix, namely Shakuntala, a young girl of about 18 years of age and Smt. Naina Devi, mother of Shakuntala belonging to scheduled caste, a poor beggar section of the society, who were the victims of continuous sexual assault by accused appellant Sirraj Ahmed on able bodied youth, after he forcibly took their absence photographs with him at the point of knife in a pre-planned and calculated manner, solely with his ill intention to use Shakuntala and her as an instrument of fulfilling his sexual lust, having left with no way ultimately after giving a cool thought, decided to make public the entire ill episode, resulting into lodging the First Information Report by Shakuntala.