SHANKER LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant cr. appeal has been filed under Section 374(2) of Cr.P.C. by the accused appellants Shanker Lal and Rakesh against the judgment passed by the learned Addl. Sessions Judge (Fast Track) No. 1, Jodhpur dated 1.6.2005 whereby the learned trial court convicted the accused appellants for offence under Sections 376(2)(G) IPC and for offence under Sections 365, 366 and 395 IPC and passed the following punishments, which reads as under:

(2.) AS per the brief facts of the case, a written report was submitted by PW -1 Petra Whust resident of Germany before the SHO, Police Station Shastri Nagar, Jodhpur on 12.5.2005 at 1.40 am for the occurrence which is said to have took place on 11.5.2005 at about 9.00 pm near Jojari River (Basni Benda), Jodhpur. The written report (Ex. P/1) submitted by the complainant is as follows:

(3.) IN compliance of above direction given by the Division Bench of this Court, the investigation concluded promptly, both the appellants were arrested on the same night vide arrest memo Ex. P/21 and P/18. In the investigation recoveries were made and medical examination of prosecutrix was conducted by the Medical Board headed by Dr.P.C. Vyas, Associate Professor of MLC Department, Mahatma Gandhi Hospital, Jodhpur and after thorough investigation, the police filed charge -sheet within three days against the accused appellants for the offences under Sections 376(2)(G), 365, 366 and 394 IPC in the court of Chief Judicial Magistrate, Jodhpur from where the case was committed to the Sessions Court, Jodhpur, but later on, transferred to the court of Addl. Sessions Judge (Fast Track) No. 1, Jodhpur for trail.