SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 3.2.2009, passed by the Additional Sessions Judge (Fast Track), Tonk, the appellant, Shankar Lal, has approached this court. By the said judgment, the learned Judge has convicted the appellant for offence under Section 376 IPC and has sentenced him to life imprisonment, and has imposed a fine of Rs.5000/ - and further directed him to undergo two years of rigorous imprisonment in default thereof.

(2.) BRIEFLY , the case of the prosecution is that on 19.4.2008 the prosecutrix (the name of the prosecutrix is not being revealed, in order to protect her identity) (P.W.1) submitted a complaint (Ex.P.1) before the District Collector, Tonk which was sent to the Superintendent of Police, Tonk for taking legal action. The said complaint was subsequently sent to the SHO, Police Station Purani Tonk. The complaint when translated in English, reads as under: -

(3.) ON the basis of this complaint (Ex.P.1), a formal FIR (Ex.P.27) was chalked out for offences under Sections 376, 354 and 323 IPC. During the course of investigation, the petitioner was arrested on 19.4.2008, and was sent up for trial. In order to support its case, the prosecution examined thirteen witnesses, and submitted thirty -one documents. In turn, the defence examined a single witness, and submitted eight documents. After completing the trial, by judgment dated 3.2.2009, the learned Judge convicted and sentenced the appellant as aforementioned. Hence, this appeal before this court.