SAGAR MAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal u/s. 374(2) of the Code of Criminal Procedure, 1973 (for short 'the Case) is directed against the judgment and.order dated 10.1.2005 passed by the Additional Sessions Judge (Fact Track), Parbatsar (for short 'the tria1 Court' hereinafter) in Sessions case No. 21/2004 (16/2004), by which the trial-' Court convicted the accused-appellant for the offence u/s. 376 IPC, and sentenced him to rigorous imprisonment for ten years and a fine of Rs. 10,000.00 and in default of" payment of fine further to undergo three months simple imprisonment.

(2.) The facts giving rise to this criminal appeal, in a nut shell, are that on 28.4.2004, complainant PW-2 Ramdhan lodged a written report with Police Station, Chitawa, district Nagaur, stating therein that his sister PW-1 Kumari Manju, the prosecutrix, is a student of Class IV in Rajiv Gandhi Swaran Jayanti Pathshala, Lalas (Gudeli Nadi) and the accused-appellant is working as a teacher in that school. It is alleged that the appellant seduced the prosecutrix and committed rape for eight to ten times by assuring her that he would give colourable mark to her in examination and also provide new pen and bra. When the students and other person came to know about this repeated act of rape by the appellant on the prosecutrix, the prosecutrix narrated the incidents to the complainant. It has further been alleged that the appellant threatened the prosecutrix that she is maiden and if the villagers and neighbours would come to know about the incident, it would create difficulty in her marriage and as such the prosecutrix did not narrate the incident earlier to her family members. After investigation, the police filed challan against the appellant for the offence u/s. 376 IPC. After trial, the trial Court, vide impugned judgment and order, convicted and sentenced the accused-appellant, as stated above. Hence, this appeal.

(3.) I have heard learned counsel for the appellant and the Public Prosecutor for the State. Perused the judgment and order impugned, as also the record of the trial Court.