NAHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment dated 9.6.2006 learned Additional Sessions Judge, Women Atrocities Cases, Bhilwara convicted the accused appellant for an offence punishable under Sec. 376 Indian Penal Code and sentenced him to undergo life term imprisonment with a fine of Rs. 2,000.00 and further to undergo six months simple imprisonment in the event of default in payment of fine.

(2.) Before coming to the facts of the case it shall be appropriate to mention that with a view to not disclose identity of the victim minor girl and her mother, instead of giving their full names, we have used their abbreviation only, as and where required.

(3.) In brief, facts of the case are that on 20.1.2006 Smt. JC wife of the accused, aged about 35 years, made a statement before the in-charge of Police Station Sadar, Bhilwara, that she entered into a wedlock with Unkar Singh in the year 1992, as a consequent thereto gave birth to two girl child and one boy. After death of Unkar Singh she remarried with her neighbour Nahar Singh. They were residing at Mandalia and on 19.1.2006 she went to work at factory at about 7.45 AM, and on return to home in evening, she found that her daughter minor S , aged 12 years, was weeping. On asking, she stated that Nahar Singh called her in a room and then committed rape. The girl was having abrasions on her private parts and the underwear worn by her was having blood stains. The entire incident then was disclosed to the persons living in neighbourhood. On search Nahar Singh was found at Kalyanpura under intoxication.