DARSHAN SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal u/s. 374 of the Code Criminal Procedure has been directed against the judgment of conviction and order of sentence dated 13.03.1981 passed by learned Sessions Judge, Sri Ganganagar in Sessions Case No. 35/1980 whereby the accused-appellants have been convicted as under:- <FRM>JUDGEMENT_106_LAWS(RAJ)7_2005.htm</FRM>

(2.) Briefly stated, the facts giving rise to the present case are the PW-5 Banta Singh son of Malla Singh presented a written report (Exhibit-P/9) in the Police Station Kotwali, Sri Ganganagar on 27.10.1979 at about 10.00 a.m. inter alia stating therein that his daughter Shanti aged about 14-15 years had gone to meet her mother at Ganganagar. When she was alone at the home as her mother had gone on job, neighbourers Hari Singh, Balora Singh, Mahendra Singh, Makhan Singh, wife of Mahendra Singh and wife of Balora Singh came in the house of Shanti and took her away. On this report, a regular FIR Exhibit-P/10 was chalked out and investigation commenced. During the course of the investigation, accused were arrested. The prosecutrix was medically examined. After investigation, a charge-sheet was filed against the accused appellants and in due course of time, the matter came for trial before the learned Sessions Judge, who framed the charge u/ss. 363, 366 and 368 Penal Code against the accused appellants. The accused denied the charges and claimed trial. In all the prosecution produced 8 witnesses. After close of the prosecution evidence, in the statements recorded u/s. 313 Crimial P.C., the accused denied the prosecution case and claimed themselves to be innocent. Learned trial judge after hearing both sides convicted and sentenced the accused appellants as indicted hereinabove.

(3.) Heard learned Counsel for the parties and perused the material available on record.