NISAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this Criminal Jail Appeal accused appellant Nisar son of Shri Ajmeri has challenged the judgment and order dated 6. 6. 2002 of the Additional District & Sessions Judge (Fast Track) No. 2, Dholpur, in Sessions Case No. 91/2001, whereby he has been convicted under Section 376 IPC and sentenced to seven years imprisonment and fine of Rs. 2000/-; in default of payment of fine, to further undergo two months' simple imprisonment.

(2.) PW-2 Ram Dayal, the father-in-law of prosecutrix Smt. Gayatri (PW-4), lodged a First Information Report on 11. 9. 2000 at Police Station Bari, District Dholpur, about committing sexual intercourse by the accused appellant with Smt. Gayatri. On this FIR, the police registered a case under Section 376 and 420 IPC and started investigation. On completion of the investigation the police filed a charge-sheet against the accused appellant under Section 376 and 420 IPC in the court of Additional Chief Judicial Magistrate, Bardi, who committed the case for trial to the Court of District & Sessions Judge, Dholpur.

(3.) I have considered the submissions of the learned counsel for both the parties and minutely scanned the impugned judgment and the record of the Trial Court.