SURESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Suresh Kumar, the appellant herein, was put to trial before the learned Additional Sessions Judge (First Track) Jhunjhunu who vide judgment dated October 23, 2001 convicted and sentenced him as under :- <FRM>JUDGEMENT_1939_CRLJ_2007Html1.htm</FRM> The substantive sentences were ordered to run concurrently.

(2.) It is the prosecution case that informant Ram Niwas (P.W. 1) submitted a written report (Ex. P. 1) at Police Station Gudhagorji with the averments that on September 13, 1997 around 8 p.m. has wife Mala (fictitious name) went to attend call of nature. After some time his mother and aunt also went to attend call of nature. In the Johad accused Suresh Kumar came from behind of his wife and caught hold of her, torned her blouse, gagged her and committed rape on her. Hearing noise, when his mother and aunt reached at the spot they saw Suresh committing rape on Mala. When his mother intervened Suresh inflicted lathi blow on her person and fled away. On that report a case was registered under Sections 376, 354, 341 and 323, IPC 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) Jhunjhunu. Charges under Section 376(i) and 323, IPC were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 10 witnesses. In the explanation under Section 313, Cr. P.C. the appellant 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 appellant in the process of assailing the impugned finding made following submissions :-