PRATAP ALIAS RAM PRATAP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 20-5-2000 whereby the learned Additional Sessions Judge, Behror, district Alwar, convicted and sentenced the accused-appellant with seven years' rigorous imprisonment and fine of Rs.1,000.00, in default to further undergo three months' imprisonment for an offence under Section 376, IPC in Sessions Case No.5/99.

(2.) The prosecution case, in brief is that P.W. 2 Sh. Kanwar Singh submitted a written report Ex. P. 4 at Police Station Madhan, district Alwar at about 8.30 p.m. on 3-12-1998 with the averments that at about 8 p.m. on 2-12-1998 his daughter Ravita P.W.1 had gone to the house of Sultan Yadav to attend the ceremony of songs. While returning to home at about 11 or 11.30 p.m. the accused-Pratap, son of Sultan Yadav caught hold of his daughter Ravita and took away her inside a thatched roof (Chhapper) and committed rape on her and also threatened her not to disclose this incident to anyone. His daughter, thereafter, came to her house. Next day morning she started weeping and on making inquiry, she narrated the entire incident. Formal FIR Ex. P-5 was registered under Section 376, IPC. After completion of the investigation charge-sheet came to be filed.

(3.) In due course the case came up for trial before the learned Additional Sessions Judge, Bheror who framed the charge under Section 376, IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 15 witnesses. The accused was examined as provided under Section 313, Cr. P.C. He denied the entire prosecution evidence and stated that he was implicated on account of enmity. Three witnesses were examined in defence. Having heard final submissions, the learned trial Judge convicted and sentenced the accused-appellant as stated here-in-above.