SABU Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) This criminal appeal has been filed by the appellant through jail against the judgment dated 04.10.2010 passed by Additional Sessions Judge (Fast Track), Banswara (for short 'the trial court' hereinafter) in Sessions Case No. 06/2010, whereby the trial court has convicted the accused -appellant for the offences punishable under Ss. 376 and 447 IPC and sentenced him as under:

(2.) Both the sentences were ordered to run concurrently.

(3.) Brief facts of the case are that on 13.10.2009 at 5:30 P.M., prosecutrix PW. 1 submitted a written report to the Station House Officer, Anandpuri, District Banswara alleging therein that in the night of 05.10.2009, when she along with her younger sister was sleeping in the courtyard of her house, then accused -appellant came there and tied her mouth with a towel and took her to the pond situated behind her house and thereafter committed rape upon her and thereafter when she was running from there stating that she would tell about this to her mother, then the accused -appellant caught hold of her, took her back there and again raped her. She has also alleged that a day before, the accused -appellant also came to her house and tried to rape upon her mother, therefore, action be taken against him.