ANIL KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) A challenge has been made by the accused appellant in the instant criminal appeal filed under section 374(2) Cr.P.C, 1973 to the Judgment of conviction and sentence dated 03.10.2011 passed by learned Addl. District and Sessions Judge, No. 2, Bayana ('the learned trial court' for short) in Sessions Case No. 29/2011 (old case No. 23/2009) whereby the accused appellant has been sentenced as under:-

(2.) Brief facts of the case are that the complainant Vishnu Kumar (PW2) submitted a written report (Ex.P1) on 13.03.2009 at Police Station Bayana to this effect that on 12.03.2009 in the night there was a marriage in Laxmi Palace Marriage Home, in which he was doing the work of 'halwai' and his children went in the said marriage to take food. From the marriage, his daughter (who is to be referred as victim) aged 10 years was taken by some person after enticing her. In the night at about 9:00 the children told that whereabouts of victim are not known. Upon that search of victim was made but after making search in the whole of night, her whereabouts could not be made. At about 7:00 in the morning his daughter came with blood stained clothes and she told that one person took with him after telling that he is her 'Jija', her mother has called the tiny children, she should first go and he will take them later. After saying such, he took victim with him. The victim stated to be committing of rape with her twice. He took his daughter at the place where the rape was committed then she (victim) narrated that accused committed rape firstly with her near Railway Cabin, In Front of Girraj Children Academy School and thereafter she stated to be committed rape in the 'phooloen of punjoen' in the fields situated in the mid of Railway and Gambhir River. The accused gave fists on the abdomen of victim and gave beating and thereafter accused went after leaving the victim there.

(3.) On the basis of aforesaid written report (Ex.P1). an FIR No. 106/2009 (Ex.P2) was got registered for the offence under sections 363 and 376 IPC.