HADMAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals have been preferred against the same impugned judgment of conviction and order of sentence, therefore, both these appeals were heard together and are decided by this common judgment.

(2.) The appellants have preferred these appeals under Section 374(2) Cr.PC. against the judgment and order dated 15.05.2009 passed by the learned Additional Sessions Judge (Fast Track), No.2, Jodhpur in Sessions Case No. 17/2008 whereby the appellants were convicted and sentenced for the offences under Sections 376, 342 and 376/114 IPC.

(3.) The brief facts of the case are that on 31.05.2008, complainant Aaichuki Devi presented herself before the SHO, P.S. Bilara and submitted a written report alleging inter alia that on 30.05.2008, at about 3.00 p.m., when she was going to market for purchasing kerosene, appellant-accused Smt. Devli W/o late Shri Mohan Ram Chowkidar was standing outside her home and when she saw her, Smt. Devli called her on tea on which she went to her house and after taking tea, appellant-accused Smt. Devli told her to have darshan of her husband's photograph in a room. She went to have darshan of the photograph of her late husband and when she entered into the room, appellant-accused Smt. Devli bolted the door from outside and appellant-accused Hadman Ram, who was there in the room, caught her from behind and committed rape on her. After about half an hour, appellant-accused Smt. Devli opened the door and she came out Smt. Devli asked to forgive her. Thereafter, she returned to her home and told the incident to her sister-in-law (HINDI) and when her husband came in the evening, she told about the incident but since there was no mean of transport from village to the police station at that time, the complaint was lodged on 31.05.2008. On the basis of this information, an FIR was registered at P.S. Bilara and investigation commenced. After completion of investigation, chargesheet was filed in the court of Additional Chief Judicial Magistrate, Bilara on 17.09.2008 for the offences under Sections 342 and 376/114 Penal Code against the appellant accused Smt. Devli and since the appellant-accused Hadman was absconding, therefore, charge-sheet against him was filed under Sec. 299 Cr.PC. for the offence under Sec. 376 IPC. Since appellant-accused Hadman was absconding, therefore, the learned Additional Chief Judicial Magistrate ordered to initiate separate proceedings under Sections 82-83 Crimial P.C. against him and since the case was exclusively triable by the Court of Sessions, therefore, the case was committed to the court of learned Sessions Judge, Jodhpur wherefrom the case was transferred to the court of learned Additional Sessions Judge (Fast Track), No.2, Jodhpur on 10.12.2008. The police filed supplementary charge-sheet against the appellant accused Hadman Ram for the offence under Sec. 376 Penal Code in the court of learned Additional Chief Judicial Magistrate, Bilara and the case was since triable by the court of Sessions, therefore, the same was committed to the court of the learned Sessions Judge, Jodhpur wherefrom the case was transferred to the court of learned Additional Sessions Judge (Fast Track), No.2, Jodhpur on 21.11.2008.