AMAR CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED-appellant Amar Chand S/o Prakash Chand has challenged the impugned judgment and order dated 2nd July, 2003, passed by the Additional District & Sessions Judge (Fast Track) Ajmer, in Sessions Case No. 96/02 (19/01) whereby he was convicted and sentenced under Section 376, IPC, to undergo 7 years rigorous imprisonment and a fine of Rs. 10]000/- (Rupees ten thousand); in default of payment of fine, to further undergo additional six months simple imprisonment.

(2.) BRIEFLY stated the facts of the case are that on 23rd October, 2000, PW-1 Kumari Sunita (the prosecutrix) submitted a typed-report (Exhibit P-1) before the Superintendent of Police, Ajmer, wherein it was mentioned that on 20th February i. e. about 7-8 months ago, Amar Chand called her to cook food at his house, where he committed forcible sexual intercourse with her and she conceived. When accused-persons came to know about her pregnancy then they tried for her miscarriage. The accused and his family members offered her Rs. 15]000/- for not making any complaint. They also gave threatening to her and her mother of dire consequences. Accused also got false letters written from her that she wants to commit suicide at her own will. She is about 15 years of age. The other detailed facts were also mentioned in the report.

(3.) IN Birad Mal Singhvi v. Anand Purohit (AIR 1988 SC 1796) the Hon'ble Apex Court, while dealing with a case under the provisions of Representation of the People Act (43 of 1951), observed that the entry contained in the admission-form or in the scholar- register must be shown to have been made on the basis of information given by the parents or a person having special knowledge about the date of birth of the person concerned. If the entry in the scholar's register regarding date of birth is made on the basis of information given by the parents, the entry would have evidentiary value but if it is given by a stranger or by someone else, who had no special means of knowledge of the date of birth, such an entry will have no evidentiary value.