MANOJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appellant Manoj S/o Hotam Singh, was tried by the court of Addl. District & Sessions Judge (FT) No.2, Dholpur, in the case arising out of First Information Report No.62/2007 registered at Police Station-Kalari, Distt. Dholpur.

(2.) The trial court vide impugned judgment dated 5.6.2008, held the appellant guilty of offence under Sections 363, 366 and 376 IPC and sentenced the appellant as under:.

(3.) The first charge stated that the appellant on 27.3.2007 at about 7.30 PM induced and enticed away the prosecutrix Ms.S (name withheld to protect her identity and, hereinafter to be called as the 'prosecutrix') from lawful custody of her guardian, thus he committed offence under Sec.363 IPC. The second charge stated that since the prosecutrix was taken away from the lawful custody of the parents, after inducement in order to commit sexual intercourse, the appellant committed offence under Sec.366 IPC; and lastly the third charge stated that the appellant committed sexual intercourse without the consent of the prosecutrix, therefore, he is liable to be charged for offence under Sec.376 IPC.