UMMED SINGH & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals have been filed against the judgment & order dated 22.7.2009 passed by learned Addl. Sessions Judge (Fast Track No. 1), Beawar Distt. Ajmer in sessions case no. 15/2009 whereby accused appellants Ummed Singh and Smt. Pista Devi have been convicted and sentenced for the offence under Sections 363 and 366A Penal Code whereas accused - appellant Darbar Singh has been convicted and sentenced for the offence under Sec. 363, 366 and 376 IPC. Since both these appeals are listed today and heard together, therefore,they are being decided by a common order.

(2.) Briefly stated facts of the case are that one Laxman Singh has lodged a written report at P.S. Tatgarh stating therein that her (sic) daughter Nirmala Kumari is studying in Govt. Sr. Girls School in Class IX and on 13.8.2008, she went to the school but has not returned therefore the information was given at Police Station on which a Gumsdagi report was registered. It was also alleged that they made several efforts to find out Nirmala Kumari but she could not traced out. it was alleged that on 16.8.2008, her (sic) daughter Nirmala Kumari came to the house and told that on 13.8.2008 the accused appellants abducted her and took her on the motor cycle. It was further alleged that a cold drink was given to her and after drinking the cold drink Nirmala Kumari has become unconscious and thereafter she had been left by the accused appellant at bus stand Devgarh where the accused Darbar Singh was also standing with the accused appellant and they were given threatening to the prosecutrix and the prosecutrix due to fear has become unconscious and when she came in sense, she found her self in Surat. It was also alleged that she was confined by the Darbar Singh in a room and when on 15.8.2008 Darbar Singh went for some work she run away from the house of Darbar Singh and reached the village through bus. It was further alleged that her (sic) daughter told to him that Darbar Singh has committed rape with her on the night of 14.8.2008 etc.

(3.) On the basis of above report made by complainant Laxman Singh, the police registered a case against the accused Darbar Singh for the offence under Sec. 363, 366 and 376 Penal Code and against the appellants Ummed Singh and Pista Devi for offence under Sections 363, 366A IPC. During the course of investigation, the police arrested the accused appellants and after usual investigation, filed challan/charge - sheet against them for the offence under Sections 363, 366A and 376 Penal Code before the Judicial Magistrate, 1st Class, Beawar, and the case was committed to the court of Addl. Sessions Judge, Beawar who transferred the case before the court of Addl. Distt. & Sessions Jadge (Fast Track), Beawar, Distt. Ajmer, who framed the charges against accused - appellant Darbar Singh for offence under Secs. 363, 366 and 376 IPC, and against Ummed Singh & Pista Devi for offence under Sections 363, 366 - A IPC, to which appellants denied and pleaded not guilty, and claimed to be tried. The prosecution examined 17 witnesses and exhibited certain documents. The statement of accused came to be recorded under Sec. 313 Cr.PC.