DINESH SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the instant appeal aggrieved by the judgment and order dated 2.6.2016 whereby the appellant has been convicted for offence under Section 376 of IPC and sentenced to 7 years rigorous imprisonment with fine of Rs.10,000/-, and to further undergo 3 months rigorous imprisonment on non-payment of fine.

(2.) Briefly stated the facts of the case are that an FIR was lodged through a complaint by Hemant Kumar Yadav, husband of the victim stating therein that on 20.4.2010, the accused clicked obscene photographs and made obscene video clips of his wife and committed rape with her, while she was unconscious.

(3.) It is contended by learned counsel for the appellant that as per the FIR, first instance took place on 20.4.2010. The complaint was lodged on 11.1.2011 i.e. after an inordinate delay of more than 8 months. It is also contended that earlier, a complaint was lodged by the appellant against the complainant's wife with regard to blackmailing, in which a compromise took place between the parties and the SIMs were broken. At that time also, the victim did not make any complaint with regard to rape.