SHISHRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PRESENT appeal has been instituted by Shishram and Durgalal. They were tried by the Court of Additional Sessions Judge (Fast Track), No.1, Jaipur City, Jaipur.

(2.) CASE of the prosecution is that appellants who were brothers committed offence of gang rape with child (name of child withheld to protect her identity and hereinafter called as 'victim') aged 9 years daughter of complainant Ramnath (P.W.4). The trial Court vide its impugned judgment dated 22nd November, 2006 acquitted appellant Shishram of offence of gang rape under Section 376(2)G and 323 IPC. However, trial Court convicted Shishram of offences under Sections 366 and 376(2)(F) IPC for having committed the offence of rape with child less than 12 years of age. The trial Court also acquitted Durgalal of offence under Section 376(2)F, G IPC but held him guilty of offence under Sections 376(2)F readwith Section 114 IPC. The trial Court came to the conclusion that Durgalal had abeted commission of offence of rape with a child aged below 12 years with Shishram.

(3.) HAVING convicted the above said offences, the trial Court vide a separate order of even date sentenced the appellant Shishram as under : -