MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22-5-1999 in Sessions case No. 52/1998, whereby the learned Additional Sessions Judge, Deeg district Bharatpur held the accused appellant Mohan guilty for offence under Sections 363, 366, 376, I.P.C. and sentenced him to one year rigorous imprisonment and a fine of Rs. 1000.00, in default 15 days rigorous imprisonment, five years rigorous imprisonment and a sum of Rs. 5000.00 as fine, in default one month rigorous imprisonment and 10 years rigorous imprisonment and in fine of Rs. 5000.00, in default one year rigorous imprisonment under Sections 363, 366, 376, I.P.C. respectively. All the sentences were directed to run concurrently.

(2.) The case of the prosecution in brief is that PW 4 Lalchand lodged a written report Ex. P 3 at Police Station Kotwali, Deeg, at 10:15 a.m. on 11-2-1998 with the averments that his niece Urmila aged 16/18 years was kidnapped today by some unknown person and the informant has got suspicion upon Mohan. Formal F.I.R. No. 65/1998 Ex. P 4 under Sections 363, 366 was registered. After usual investigation, the charge-sheet was submitted. In due course, this case came up for trial before learned Additional Sessions Judge, Deeg. The accused appellant was charged under Sections 363, 366, 376, I.P.C. He pleaded not guilty and claimed trial. The prosecution examined 25 witnesses. Thereafter, the accused was examined as provided by Section 313, Cr.P.C. He denied the prosecution evidence but did not lead any evidence in defence. Learned Judge having heard learned counsel for the parties convicted and sentenced the accused as stated hereinabove.

(3.) I have heard the learned counsel for the appellant, learned Public Prosecutor and perused the judgment and record of the case.