DEVAN DAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal appeal has been filed by the appellant Devan Das S/o Nathumal, resident of Pali under Section 374(2) Cr.P.C. to challenge the judgment of conviction and sentence dated 12.8.2005 whereby the Addl. Sessions Judge (Fast Track) No.2, Pali convicted the accused appellant for offence under Sections 376, 363, 323 and 324 IPC and passed the following sentence against him: <FRM>JUDGEMENT_270_LAWS(RAJ)2_2015_1.html</FRM>

(2.) As per the facts of the case an FIR was lodged by the complainant Ramesh Kumar, father of the prosecutrix, who was six years old on 14.12.2004 at about 1.00 a.m. In the Police Station (Mahila), Pali alleging therein that his daughter aged about 6 years gone to the house of his neighbor to attend marriage programme at about 7 to 7.30 p.m. but she did not come back and upon inquiry it was informed by the neighbors that your daughter returned at about 8.00 p.m., during search his daughter found near temple of Hanumanji and cremation place in very critical condition. The lower part of the body of his daugther was sustained with the blood due to rape committed by unknown person. It is stated in the FIR that due to the serious condition of the body and upon the fact that blood was coming out from the private part of his daughter, the complainant and his wife immediately brought her to the hospital for treatment. The SHO, Police Station (Mahila), Pali registered the FIR No.127 dated 14.12.2004 against unknown person under Section 376, 363, 323 and 324 IPC and commenced investigation. In the investigation the statement of prosecutrix PW-2 Chandani were recorded in which it was alleged that appellant committed rape with her. The investigating officer after making intensive investigation, arrested the accused appellant for committing offence under Section 376, 363, 323 and 324 IPC and after completion of investigation filed charge-sheet against him in the court of Chief Judicial Magistrate, Pali for aforesaid offences from where the case was committed to the District & Sessions Judge, Pali, but later on transferred to the court of Addl. District & Sessions Judge (Fast Track) No.2, Pali for trial. In the trial, after framing charge against the accused appellant under Section 376, 363, 323 and 324 IPC the statement of 17 prosecution witnesses were recorded including the statement of prosecutrix PW-2 Baby "C" and author of the FIR PW-1 Ramesh and PW-3 Gyatri. All these witnesses categorically proved the allegation of rape and assult against the accused appellant for commission of aforesaid offence. The PW-6 Dr. V.K. Mahalotra and PW-7 Dr. Jai Shree Sharma after medically examined the prosecutrix gave opinion that rape has been committed with the prosecutrix who was 61/2 years at the time of incident took place.

(3.) The learned trial court granted an opportunity to the accused appellant to lead his evidence after recording his statement under Section 313 Cr.P.C. and in defense two witness DW-1 Asan Das and DW-2 Prakash Sirwani were produced before the Court, but the learned trial court after hearing both the parties finally convicted the accused appellant for offence aforesaid.