DASHRATH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Dashrath Kumar s/o Kailash Das , b/c Vaishnav, r/o Jai Nagar, Police Station Shambhugarh, District Bhilwara has filed this criminal appeal, against the judgment and order dated 01.04.2009, passed by the learned Addl. Sessions Judge (Woman Atrocities) Cases , Bhilwara in Sessions Case No.76/2005, whereby he convicted the accused appellant under section 376/511 IPC to 5 years' rigorous imprisonment and a fine of Rs. 1,000/ and in default of payment of fine, to further undergo three months' rigorous imprisonment.

(2.) The brief facts of the case, giving rise to this appeal are that, on 16.10.2005 PW/1 Smt.Lalita submitted a written report Ex.P/1 (formal FIR Ex.P/2) at Police Station Sambhugarh , Bhilwara wherein it was stated that on 15.10.2005 when she returned home from her field, she saw Dashrath Kumar giving chocolates to her daughter Antima , from the shop of Rampal. After ten minutes, she heard the cry of her daughter Antima, on which she went to the house of Dashrath, where the doors were closed from inside. The asked to open the door and then she saw her daughter Antima in a frightened position and Antima told her about the incident and she in turn narrated the incident to PW/8 Kamla and PW/9 Pushpa . On the basis of this report SHO, Police Station Shambhugarh , Bilwara, registered a case as C.R. No.50/2005 for the offence under section 376/511 IPC and started investigation.

(3.) During the course of investigation police recorded the statement of Antima prosecutrix and other witnesses and got the victim medically examined . The accused was arrested on 16.10.2005 and after completion of investigation police submitted the charge sheet against the accused appellant for the offence under section 376/511 IPC to the court of concerned Judicial Magistrate, who committed the case to the court of Sessions, from where the case was transferred to the court of learned Addl.Sessions Judge (Women Atrocities) Cases, Bhilwara for trial. The learned Addl. Sessions Judge ordered to frame charges for offence under section 376/511 IPC. The accused denied the charges and claimed to be tried.