RAGHUVEER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AGGRIEVED by the judgment dated 12.1.2005, passed by the Additional Sessions Jude (Fast Track) No.1, Baran, the appellant has preferred this Jail appeal from Central Jail, Kota. By the said judgment, the appellant has been convicted for offence under Section 376 and 302/34 IPC. For the former offence, he has been sentenced to ten years simple imprisonment, imposed with a fine of Rs.500/ -, and directed to further undergo six months of simple imprisonment in default thereof. For the latter offence, he has been sentenced to life imprisonment, imposed with a fine of Rs.500/ -, and further directed to undergo six months of simple imprisonment in default thereof.

(2.) BRIEFLY , the facts of the case are that on 11.1.2004, Hemraj (P.W.6) submitted a written report (Ex.P.24) before the SHO, Police Station Mangarol, which is as under: -

(3.) ON the basis of this report, a formal FIR (Ex.P.37), FIR No.12/2004, was chalked out for offence under Section 302 IPC. However, during the course of investigation, after the Post -Mortem Report (Ex.P.22) was received, the offence under Section 376 IPC was added. For, the Post -Mortem Report revealed the commission of rape. Moreover, during the course of investigation, both the appellant and one Yogendra were arrested. However, as Yogendra happened to be a juvenile delinquent, his case was referred to the Juvenile justice Board. A chargesheet was filed against the appellant for offences under Sections 302, 376 IPC before the Judicial Magistrate, Mangarol, which was committed to Sessions Judge, Baran, and by order dated 29.3.2004, the case was transferred to the Additional Sessions Judge (Fast Track) No.1, Baran. The learned Judge framed charges for offences under Sections 376, 302/34 IPC against he appellant. The appellant denied the charges, and claimed trial.