GAJENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Both these appeals challenge the Impugned judgment dated 29.05.2007 passed by the Additional Sessions Judge (Fast Track) No.3, Udaipur, Camp Salumber whereby the learned Judge has convicted the appellant, Gajendra, ('A-1', in short) for offence under Sections 363, 366, 373 and 120-B Indian Penal Code and has convicted Sohan Lal ('A-2', In short) for the offence under Sections 363, 366 and 120B Indian Penal Code. Their sentences were directed to run as under:

(2.) Shortly, the facts of the case are that on 16.08.2006, the prosecutrix (P.W.6) lodged a written report at Police Station Rishabh Dev, wherein she had claimed that she was studying in the ninth class, at Girls School, Khairwara and was living In a hostel. On 15.08.2006, after the Independence Day function was over, she boarded a jeep at 2:00 PM from Khairwara in order to reach her home at village Barna. The jeep as owned by one Lalaram and was being driven by Sohan (A-2). She further claimed that Gajendra (A-1) was also sitting Inside the jeep. Around 3:00 PM, the jeep reached her village, Barna, where all the passengers travelling with her got off. But, when she tried to get off the jeep, A-1 put his hands on her mouth and threatened her that in case she shouts, he would kill her. He also told A-2 to take the jeep back to Khairwara. Thereafter, they parked the jeep near Bhagyodya Hotel at Khairwara. The curtains inside the jeep were closed. At night, A-1 told A-2 to take the Jeep back to Barna. Around 2 O'clock, at night, at Barna, they reached A-1's new house. She further alleged that A-1 pulled her out of the jeep, and told A-2 to bring the jeep back next day early In the morning. She further alleged that A-1 took her Inside the house where a cot was already kept in a room. He undressed her, and ravished her. She further claimed that at night, twice he tried to ravish her. However, she resisted him. Later on, he returned her clothes. Around 6:00 AM, A-2 brought the jeep back. A-1 threatened her to get Inside the jeep. At that time, the jeep owner, Lalaram, also came there and sat Inside the jeep. A-2 brought the jeep back to Khairwara bus-stand and dropped her. She further alleged that from Khairwara, she took another jeep and went to her house at Barna. When she reached her home, she narrated the story to her father, Manohar Lai (P.W.10) and to her mother, Niranjana (RW.7).

(3.) On the basis of the said report, the police chalked out a formal FIR, FIR No.246/2006, for offences under Sections 363, 376/34 Indian Penal Code and commenced investigation.