RAMESHWAR @ RAMU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment impugned dated 31.5.2006, learned Additional Sessions Judge (Fast Track) No.1, Bikaner, convicted the accused appellant for the offences punishable under Sections 376(2)(f), 366 and 450 Indian Penal Code and sentenced as under: -

(2.) IN brief, facts of the case are that a written report (Ex.P/5) was submitted at police station Sridungargarh on 21.4.2006 at 03:15 PM by complainant Shri 'S' (PW -2) (name not disclosed) with assertion that on 20.4.2006 he alongwith his other family members went to Rosawa to join marriage of his younger brother and returned therefrom in night at about 00:00 hours. His minor daughter and few other persons were sleeping in court yard. At about 02:30 AM he heard cry of his daughter. She was weeping and was having bite marks on her cheeks, her clothes were blood stained and blood was also oozing from her private parts. On asking, the girl stated that when she was sleeping Ramu Kaka came and carried her in his lap and took her to the primary school building and committed ill -deeds. On her crying loudly, he fled from the spot.

(3.) THE prosecution supported its case with the aid of evidence adduced by seven witnesses (PW -1 to PW -7) and by getting 19 documents exhibited. An opportunity was given to the accused to explain the adverse and incriminating circumstances appearing in the prosecution evidence and while availing the same he termed the evidence as false with explanation that in the night concerned he was attending a marriage. In defence statements of three persons were recorded.