GHULAM MOHAMMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein calls into question the impugned judgment dtd. 27/2/1992 passed by the Special Judge, Sati Nivaran and Additional Sessions Judge, Jaipur City, Jaipur in Sessions Case No.1/1991 by which the accused-appellant (hereinafter referred to as 'the appellant') has been convicted for the offence punishable under Sec. 376 IPC and has been sentenced to undergo seven years' rigorous imprisonment with fine of Rs.500.00 and in default of payment of fine, further to undergo two months' additional simple imprisonment.

(2.) Shorn of details, the facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) PW-1 'R' lodged First Information Report (FIR) (Ex.P-1) with Police Station Ramganj, Jaipur City, Jaipur alleging therein that her second marriage was solemnized with Ghulam Mohammed under the Special Marriage Act. From the first wedlock with Late Rampal Meena, two children were born. The age of the son 'K' is 18 years and of daughter 'S' is 13 years. Two years back, she went to Godha Bhawan and stayed there for some days. Taking benefit of her absence, her husband Ghulam Mohammed committed rape upon her daughter. A month back, her daughter told her that Ghulam Mohammed committed rape thrice upon her and even the same act was done at the house of Sayeed etc.