(1.) This jail appeal has been filed by the appellant-accused challenging the order dated 05.11.2011 passed by District and Sessions Judge, Jodhpur, in Sessions Case No.53/2011 convicting and sentencing the appellant-accused as under:- <FRM>JUDGEMENT_16_LAWS(RAJ)11_2016.htm</FRM>
(2.) Ex.P.1 FIR relating to crime was lodged by prosecutrix on 22.08.2009 at 10.00 PM in Police Station Dechu, District Jodhpur, which was registered under Sections 341, 323 and 376 of IPC. The contents of FIR recites:-
(3.) While addressing submissions, learned counsel for the appellant relying upon the judgments (1) State of Himachal Pradesh v. Mango Ram, 2000 Cr. L.R. [SC] 731 Supreme Court of India, (2) Panna Ram @ Pania v. State of Rajasthan, 2011 (2) Cr.L.R. (Raj.) 927 has submitted that the appellant is under incarceration for more than seven years and he has become more than 32 years of age, who is a poor man and sole bread earner of his family, so he be released on undergone, which will meet with the ends of justice.