SABU @ SAHABDEEN AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Sabu @ Sahabdeen and Karmoo @ Kamru, the appellants herein, were put to trial before the learned Additional Sessions Judge (Fast Track) Kishangarh Bas District Alwar, who vide judgment dated July 15, 2004 convicted and sentenced them as under:- U/s. 376 (2)(G) IPC:

(2.) It is the prosecution case that informant Menkhan (Pw.10) submitted a written report (Ex.P-15) on June 27, 2003 at Police Station Kishangarh Bas with the averments that on June 25, 2003 around 11 PM while his wife Fatima (fictitious name) was sleeping in the house the accused Sabu, Karmu and Umar entered inside the house lifted Fatima and took her in a room and committed rape on her. After the incident Cast Panchayat was summoned in the next morning and a decision was taken in the Panchayat to lodge the report. On that report a case was registered and investigation commenced. After usual investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) Kishangarh (Alwar). Charges under sections 376(2)(G) and 456 Penal Code were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 15 witnesses. In the explanation under Sec.313 CrPC, the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) Learned counsel for the appellants in the process of assailing the impugned finding made following submissions:-