RAMU BAHADUR @ KHIL BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant, Ramu Bahadur @ Khil Bahadur, has challenged the judgment dated 13.4.2006, passed by the Special Judge, Women Atrocities and Dowry Cases, Jaipur City, Jaipur, whereby the learned Judge has convicted the appellant of offence under Section 376(2)(f) IPC, and has sentenced him to life imprisonment, has imposed a fine of Rs.100/ - and has directed him to further undergo three months of rigorous imprisonment in default thereof.

(2.) BRIEFLY , the case of the prosecution is that on 6.2.2006, Ram Kumar (P.W.5) submitted a written report (Ex.P.7) before the Police Station Gandhi Nagar, Jaipur which when translated into English reads as under: - <FRM>JUDGEMENT_152_LAWS(RAJ)1_2015.htm</FRM>

(3.) ON the basis of the written report (Ex.P.7), the police chalked out a formal FIR (Ex.P.34), namely FIR No.62/06 for offence under Section 376 IPC and started investigation. Subsequently, the appellant was charged for offence under Section 376(2)(f) IPC. In order to support its case, the prosecution examined twenty witnesses, and submitted fifty three documents. In his statement recorded under Section 313 Cr.P.C., the appellant pleaded that he had given certain loan to the complainant, Ram Kumar. But instead of returning the loan, Ram Kumar has falsely implicated him in the present case. Although the defence did not produce any evidence, but did submit a single document in its favour. After going through the evidence, the learned Judge has convicted the appellant, by judgment dated 13.4.2006, and has sentenced him as aforementioned. Hence, this appeal before this court.