NASRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Section 374, Cr.P.C. is directed against the judgment and order dated 27-8-2001 passed by the Addl. Sessions Judge (FT) Alwar in Sessions Case No. 48/01 whereby accused-appellant has been convicted and sentenced under Section 376, IPC to 7 years' R.I. and a fine of Rs. 1,000/, in default of payment of fine to further undergo 2 months' R.I.

(2.) PW-3 Jormal, father of prosecutrix Sahruna PW-1 lodged a written report on 3-10-2000 at P. S. Sadar, Alwar wherein it was alleged that his daughter Sahruna was coming from his agricultural field on 1-10-2000 at about 5 p.m. and when she was on the way near field of Nawab Hasan, the accused Nasru s/o Jhamman came all of a sudden from his own field and caught hold his daughter Sahruna and committed sexual intercourse with her forcibly. When he came in late evening then she told him about this incident. In morning a Panchayat was convened and Jhamman father of the accused was summoned and he admitted the guilt but in evening when Panchayat was again convened to pass punishment, then Jhamman ran away from the Panchayat, therefore, no order could be passed by the Panchayat and as such without any further delay he came to lodge this report.

(3.) On the basis of this written report FIR No. 403/2000 was registered under Sections 323, 341, 376 and 379, IPC and investigation commenced. The police prepared a site plan and got the prosecutrix medically examined. After completion of the investigation the police submitted a charge-sheet before the Addl. Judl. Magistrate No. 1, Alwar who committed the case for trial to the Court of Sessions Judge, Alwar who transferred the same to the Court of Addl. Sessions Judge, Alwar.