FATEH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed against the judgment and order dated 29.5.2009 of the learned Additional Disstt. Judge, Nathdwara, Distt. Rajsamand convicting the accused-appellant Fateh Singh for offence under Section 376 I.P.C. and imposing sentence of 5 years' R.I. and a fine of Rs. 1,000/- and in default of payment of fine to further undergo 1 month's R.I. The accused is said to be in custody since 1.6.2007.

(2.) The factual matrix of the case is like this. On 25.5.2007 at about 8 P.M. in the night, the complainant Kailash Kunwar W/o Sh. Raju Singh lodged an F.I.R. to the effect that on 22.5.2007 at about 9 P.M. in the night, when she was going to her house from the house of her sister-in-law Smt. Mithu. The accused appellant Fateh Singh who was brother-in-law (Devar) of complainant's sister-in- law (Nanad) Sint. Mithu and her own brother-in-law (Devar) Bhopal Singh found her on her way to home and they forcibly took her in the nearby agricultural field and committed rape upon her and after committing the said crime, the accused-appellant Fateh Singh ran away and Bhopal Singh started beating her and upon her crying, the relatives who were in the residential houses situated in the same area nearby came at the spot and on account of beating, she got unconscious and recovered from unconsciousness at around 3 A.M. after mid night and thereupon she told about the said crime to her sister Rekha and sister- in-law Mithu Kanwar.

(3.) After investigation, challan was filed against the present appellant by the police while no challan was filed against the other accused Bhopal Singh under Sections 376, 341 and 323 I.P.C. and the case was committed for trial.