DINESH @ DINESH KUMAR @ SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant Dinesh @ Dinesh Kumar @ Suresh has preferred this criminal appeal against the judgment and order dated 1.2.2008 passed by the learned Addl. Sessions Judge (Fast Track) Bali, District Pali in Sessions Case No. 34/2006, whereby he convicted the accused-appellant under Sec. 376 I.P.C. to 7 years' rigorous imprisonment and a fine of Rs. 2,000.00 and in default of payment of fine, to further undergo six months' imprisonment.

(2.) The brief facts of the case, giving rise to the present criminal appeal are that a written report (Ex.P-1) was filed by PW-1 Hakka Ram, the informant, to the SHO, Police Station Khiwara on 24.8.2006 regarding the occurrence which had taken place on 17.8.2006 to the effect on 14.8.2006 the complainant and his wife Sukhi had gone to Ramdeora and their children stayed at home. It was alleged that on 17.8.2006 between 6.00 and 7.00 P.M. accused Dinesh committed rape on his daughter Ganga aged about 15 years and on 22.8.2006 when the complainant returned from Ramdeora, he lodged the complaint.

(3.) On the basis of this report, a case under Sec. 376 I.P.C. was registered and after usual investigation the police submitted challan against the appellant in the Court of learned Judicial Magistrate, Desuri, District Pali from where the case was transferred to the Court of learned Addl. District and Sessions Judge, Bali who committed the case to the Court of learned Addl. Sessions Judge (Fast Track) Bali, District Pali, for trial. Charge under Sec. 376 I.P.C. was framed against the accused-appellant. The appellant pleaded not guilty and claimed to be tried.