MADAN LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been filed by the appellants Madan Lal S/o Shivnarayan and Pushkar @ Puskhar Lal S/o Mangi Lal resident of District Chittorgarh lodged in Central Jail, Chittorgarh against the judgment passed by the Special Judge SC/ST (Prevention of Atrocities), Pratapgarh, District Chittorgarh Sessions Case NO.59/2006 whereby the learned trial court convicted the accused appellants for the offence under Section 376(2)(g) IPC and awarded sentence of 10 years SI with fine of Rs.100/- each and in default of payment of fine to further undergo 15 days SI, so also, for the offence under Section 363 IPC and awarded sentence of 3 years SI with fine of Rs.100/-and in default of payment of fine to further undergo 15 days SI. Likewise the accused appellants were further convicted for offence under Section 368 IPC and punishment of one year SI was awarded with the order that these sentences will run concurrently.

(2.) As per the brief facts of the case one Sawai Lal Meena lodged an FIR no.120/2006 on 10.9.2006 at Police Station Dungala against the accused appellants in which it is alleged that his daughter Ashwini Meena aged about 14 years was coming to his house from Government Senior Middle School, Dungla at about 8' O Clock on 23.8.2006, at that time, accused appellant Madan Lal and Puskar who were standing on road and they forcibly took her in the forest and committed rape, so also, kept her in illegal detention for 14 days in the agricultural field of Jawar and other different places and her daughter was threatened by both the accused that if she will refuse to allow them to perform inter-course then not only she will be murdered but his entire family will also be murdered if she disclose the fact of rape to anybody else.

(3.) The accused appellants left her daughter near the well on 7.9.2006 in the night at 8'O Clock but due to fear she did not point out the names of appellants to poor father.