RAJENDRA KUMAR @ RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RAJENDRA Kumar @ Raju, aged 22 years, son of Ramlal has instituted the present appeal to assail the judgment dated 2nd September, 2008, passed by learned Additional District & Sessions Judge (Fast Track), Chabbra, Distt. Baran whereby the appellant has been held guilty of offence under Section 376 IPC. Having held appellant guilty of offence under Section 376 IPC, the trial Court by a separate order of even date sentenced the appellant to life imprisonment, and to pay a fine of Rs. Five thousand, and in default thereof to undergo two years of rigorous imprisonment.

(2.) ON 03rd March, 2008 at 10.30 A.M., Banwari Lal (P.W.1) presented a written report (Ex.P/1) before Jodharam (P.W.13), who was then posted as SHO, Kawai Distt. Baran. In the written report (Ex.P/1), Banwari Lal (P.W.1) claimed that on 02nd March, 2008 at about 12.00 noon, his wife Sanju Bai (P.W.2) was giving a bath to his daughter (name of daughter withheld in order to protect her identity, and hereinafter called as 'the victim'), and when she took her underwear for washing, she found the same was stained with blood, and human semen as the underwear had become hard. Wife of the complainant questioned the victim, i.e. the daughter of the complainant, she replied that three days ago, between 12 P.M. to 1.00 P.M., Raju s/o Ramlal Meena, resident of Lolahedi, called her for bringing a match stick from a shop. Having called the victim, accused took her inside the 'bada' where goats are tied, the accused made the victim fall on the ground, removed her underwear, first inserted a finger in the vagina, and then committed rape. The accused further threatened the child not to disclose the fact to her mother. The complainant further stated that the rape was committed by the accused when his daughter was alone. This incident was told to him by his wife. Feeling aggrieved and due to mental shock, report was not lodged by the complainant on the same date. The complainant alongwith his wife and victim came on the next date to the police station, lodged the report and prayed that the legal action be taken against the accused.

(3.) THE above said FIR was investigated and a report under Section 173 Cr.P.C. Was submitted. The said report of investigation alongwith the accused was committed to the Court of Sessions; trial was entrusted to the Additional Sessions Judge (Fast Track), Chhabbra, Distt. Baran.