MORMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals arise out of the same judgment, proceed to decide them by a common judgment.

(2.) The appellants were the accused on the file of learned Additional Sessions Judge, Laxmangarh, District Alwar bearing Sessions Case No. 121/2000. Learned Judge vide judgment dated July 25, 2001 convicted and sentenced the appellants as under :-

(3.) The prosecution case as unfolded during trial is that a written report was lodged by informant Sufeda Khan on January" 28. 1997 with the Police Station, Laxmangarh to the effect that on returning to his village on January 27, 1997 he found his daughter Hamidi, aged 10 years, missing. Hamidi had gone to field but she did not return and her dead body was found in the field of Jumma. She was raped and killed. Police Station, Laxmangarh registered a case under Sections 376 and 302, IPC and investigation commenced. Dead body of Hamidi was subjected to post-mortem, other necessary memos were drawn, statements of witnesses under Section 161, Cr. P.C. were recorded and the accused were arrested. After usual investigation the charge-sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge, Laxmangarh, District Alwar, who framed charges under Sections 302 and 376, IPC. The accused denied the charges and claimed to be tried. The prosecution in support of its case examined as many as 21 witnesses. In the explanation under Section 313, Cr. P.C., the appellant claimed innocence and stated that they were falsely implicated. On hearing final submissions the learned trial Judge convicted and sentenced the appellants as indicated herein above.