HAFIZ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Appellant Hafiz S/o Gaffoor has preferred this appeal under Section 374 of the Code of Criminal Procedure against the impugned judgment and order dated 16.11.2005 passed by the Additional Sessions Judge, Gangapurcity, District Sawai Madhopur in Sessions Case No.17/2005, whereby he has been convicted and sentenced as under:-

(3.) Briefly stated the facts of the case are that a written report Exhibit-P1 was lodged by PW1 Shabeena Bano at Police Station Gangapurcity on 24.02.2005, wherein she narrated certain facts took place about two months ago and thereafter on 29.01.2005. She also levelled allegations against accused Hafiz about blackmailing after taking her photographs. On the basis of this information, FIR No.146/2005 was registered under Sections 376 and 384 IPC. After completion of investigation, a charge-sheet was submitted in the case under Sections 376, 384 and 354 IPC. Learned trial Court framed charges against the appellant under Sections 376 and 384 IPC. The prosecution, in support of its case, examined PW1 to PW10 and produced documentary evidence. Thereafter, statement of accused was recorded under Section 313 Cr.P.C., wherein he stated that prosecutrix used to write letters to him, which have been placed on record and he did blackmail her, he has not committed any offence of sexual intercourse with her. In defence, photographs Ex.D1 to Ex.D8 and letters Ex.D9 to Ex.D34 were placed on record.