RATANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 383, Cr.PC has been sent from jail by accused-Appellant Ratanlal against the judgment.of conviction and order of sentence dated 7.9.2001 passed by Additional Sessions Judge (Fast Track), Chittorgarh in Sessions case No. 92 of 2001 - State Vs. Ratanlal , whereby the accused-Appellant has been convicted under Sec. 333 and 376(2) Penal Code and sentenced to simple imprisonment for 5 years and fine of Rs. 2000.00, in default of payment to further undergo six months simple imprisonment under Sec. 363 IPC; and 10 years' rigorous imprisonment with a fine of Rs. 5000.00, in default of payment of fine to further suffer one year's simple imprisonment under Sec. 376(2) IPC. Both the sentences have been ordered to run concurrently and the accused has been given benefit of set off under Sec. 428 CrPC.

(2.) Briefly stated, the facts of the case are that on 29.5.1999 complainant Ramlal submitted a written report at Police Station Begun, inter-alia, stating therein that on 27.5.1999 his whole family was sleeping outside the house in village Jambukadi and there his daughter Leela aged 10 years was also sleeping on a cot. At about 1-2 O'clock in the night, Ratanlal S/o Hariram Bheel and one other person accompanying him took away his daughter Leela alongwith cot in forest, committed an insincere act with his daughter, and when blood started coming out from her urine-Passing place, they left her back weeping at home and thereafter his daughter told the whole episode to him, Devilal, Gopi, Bhagwanlal and others. As the condition of his daughter became worse, the information could not be given a day before.

(3.) On the aforesaid report, Ex.P/1, First Information Report No. 241 of 1999 under Sec. 363 and 376 Penal Code was registered and investigation commenced.