ASHOK KUMAR Vs. STATE OF RAJ

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374(2) Cr.P.C. against the judgment and order dated 10.11.2008 passed by the learned Additional Sessions Judge (Fast Track), Abu Road, District Sirohi, in Sessions Case No.24/2008, whereby the appellant -accused was convicted for the offences under Sections 366 and 376 IPC and was sentenced as under: - U/s.366 IPC: 7 years' rigorous imprisonment with fine of Rs.1,000/ -, in default of payment whereof to further undergo two months' rigorous imprisonment. U/s.376 IPC: 10 years' rigorous imprisonment with fine of Rs.2,000/ -, in default of payment whereof to further undergo two months' rigorous imprisonment.

(2.) BOTH the sentences were ordered to run concurrently.

(3.) THE brief facts of the case are that on 30.05.2007, Obaram (PW -1) submitted a written report (Ex.P/1) before the SHO, PS Pindwara alleging inter alia that on 27.05.2007, there was fare of Rawal Samaj at Veerbada and, therefore, he was busy in cooking food and his wife went on well and his daughter Varsha was staying alone at his home. At that time, appellantaccused Ashok went to his house and took his daughter with him to his (appellant's) house and committed rape with her. When his wife came back his daughter told her about the incident on which his wife took his daughter to the hospital for treatment and thereafter the report was lodged.