SALIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) INSTANT criminal appeal has been filed by the appellant Salim Khan S/o Habib Khan, resident of Pratapgarh under Section 374(2) of Cr.P.C against the judgment dated 24.08.2005 passed by Special Judge, SC/ST (Prevention of Attrocities Cases), Pratapgarh, Camp Chittorgarh in Sessions Case No. 58/2004 arising out from FIR No. 120/2004 of P.S. Arnod, District Chittorgarh whereby, the accused appellant has been convicted for offence under Section 147, 325/149, 376 IPC and 3(2)(v) SC/ST (Prevention of Attrocities) Act, 1989 hereinafter referred to as 'the Act of 1989'. and passed following sentences against him : - OFFENCE PUNISHMENT 147 IPC Six months rigorous imprisonment 325 read with 149 IPC 3 years rigorous imprisonment and fine of Rs.500/ - in default of payment of fine, to further undergo 15 days simple imprisonment 376 IPC 7 Seven years rigorous imprisonment and fine of Rs. 1000/ - and in default of payment of fine to further undergo one month simple imprisonment 3(2)(v) SC/ST (Prevention of Attrocities) Act Life imprisonment and fine of Rs.1000/ - and in default of payment of fine to further undergo one month simple imprisonment As per facts of the case, the prosecutrix Rakma Meena (PW/2) gave statement in the District hospital Pratapgarh during treatment on 07.05.2004 to the Sub Inspector Nand Kishore PW/13 that she went alongwith her family members to Gothameshwar fair on 04.05.2004 for Darshan in the temple but when she was returning back, she got separated from family and alongwith one girl Kali of the village. She was waiting for the family members in the fair but in the night about 3 AM when was going for urine, the accused appellant Salim chased her and committed rape. Thereafter, another accused person came there who she cannot identify, also committed rape upon her and some more persons tried to commit rape upon her. It is alleged by the prosecutrix that the accused appellant gave beating to her and due to beating she suffered fracture in her leg. Upon her voice, so many persons came on the spot and Sarpanch of Ratodia village took her to hospital. In the morning on 06.05.2004 son of her elder father Gautam came in the hospital at Pratapgarh where she is under treatment. The prosecutrix further stated that accused appellant Salim committed intercourse against her will and his friends also committed rape with her to whom she cannot identify.

(2.) UPON aforesaid complaint, FIR was registered in the Police station, Pratapgarh under Section 376, 376/511, 323 IPC and for offence under Section 3(2)(v) of Act of 1989.

(3.) ON 07.05.04 at about 8:30 PM, the case was registered at Police station Arnod for aforesaid offence and after investigation and medical examination of the prosecutrix, chargesheet was filed against the accused appellant whereas, for other known persons, the investigation was kept pending under Section 173(8) of Cr.P.C.