NAND KISHORE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Nand Kishore has filed this criminal appeal under Section 374, Cr.P.C. challenging the judgment and order dated 11-4-2001 passed by the learned Special Judgess, Mahila Utpidan and Dahej Prakaran Cases, Jaipur whereby he has convicted and sentenced the appellant as hereunder : Under Section 366,IPC to undergo imprisonment for 3 years with a fine of Rs. 3000.00, in default thereof, 3 month's rigorous imprisonment. Under Section 376, IPC to undergo imprisonment for 7 years with a fine of Rs. 5000.00, in default thereof, six months, rigorous imprisonment. The substantive sentences were ordered to run concurrently.

(2.) Briefly stated that the facts leading to this appeal are that on 2-12-1999 PW 2 Bhanwar Lal lodged a written report, Ex. P4 at Police Station, Mahesh Nagar, Jaipur alleging therein that on 21-11-1999, his village neighbour Nand Kishore has taken away with him his daughter Mamta age 13 years and that she could not be traced till date. It was further alleged that his daughter had Rs. 2000.00, a golden chain and a wrist watch. On this report, police registered a case vide FIR, Ex.P5 and proceeded with the investigation.

(3.) In the course of investigation, the police recovered the girl from Gurjar-ki-thadi, Jaipur vide memo Ex. P1 and seized her petticoat and underwear vide memo Ex.P2. The police then got the girl medically examined on 8-12-1999 and collected her medical report, Ex.P3. The medical report shows that the doctor who examined her, did not find any injury on her person and he did not give any opinion as to the commission of rape. However, he found the hymen of the prosecutrix absent (torn). The accused was arrested on 7-12-1999 and his trouser and chaddi were seized and sent to the FSL for chemical examination. In the opinion (Ex. P9) of Medical Jurist, based on X-ray plates (Ex. P10 to P15), the age of the prosecutrix was 14 to 16 years.