HEERA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment dated 5.3.2009 passed by Addl. Sessions Judge (Fast Track) No. 2, Bundi in Sessions Case No. 8/2009, whereby the appellant has been convicted for the offence u/Sec. 376 I.P.C. and sentenced to undergo seven years' RI with a fine of Rs. 1000/-; in default of payment of fine, to further undergo one month's RI. Brief facts of the case are that on 11.10.2008 at about 9.10 A.M., report was lodged at Police Station, Lakheri. On the basis of said report, FIR No. 188/2008 was registered for the offence under Section 376 I.P.C. After investigation, the police filed a challan against the accused appellant. The statement of prosecutrix was recorded under Section 164 Cr.P.C. Thereafter the case was committed to the Court of Sessions Judge, which was transferred to Additional Sessions Judge (Fast Track). Thereafter charge was framed against the appellant for the offence under Section 376 I.P.C., who denied the same and claimed trial. The prosecution examined 7 witnesses in support of its case and thereafter the statement of accused appellant under Section 313 Cr.P.C. was recorded. After hearing the arguments of both the sides, the learned trial court convicted the accused appellant for the offence under Sections 376, as indicated above.

(2.) Against the said judgment, this appeal has been preferred by the accused appellant.

(3.) Learned counsel for the appellant has contended that the judgment dated 5.3.2009 passed by the trial court is against the fact and material available on record and law. Mr. Garg has further contended that as per prosecution case, the occurrence took place on 10.10.2008 and FIR had been lodged on 11.10.2008. There is no reasonable explanation for lodging the FIR after such a considerable time and explanation given by prosecution should not be accepted. For that purpose, he has drawn the attention of this Court towards the judgment rendered by the Coordinate Bench of this Court in the case of Suta Ram @ Ramjilal vs. State of Rajasthan,2009 3 WLC(Raj) 358.