TONNY KUMAR @ VIKAS SON OF SHRI CHANDRA SHEKHER PRASAD Vs. THE STATE OF RAJASTHAN THROUGH THE PUBLIC PROSECUTOR

JUDGEMENT

(1.) This appeal filed at the instance of accused-appellant Tonny Kumar @ Vikas seeks to challenge the judgment dated 02.05.2005 passed by the Additional Sessions Judge(Fast Track) No.1, Jaipur City, Jaipur in Sessions Case No.08/2005, convicting him for the offence under Sections 376(2)(f), 302 IPC and sentencing him to undergo life imprisonment on each count and a fine of Rs.500/-, in default thereof, he was to further undergo rigorous imprisonment for six months. The accused-appellant was also convicted for the offence under Section 201 IPC and sentenced to undergo rigorous imprisonment for three years and a fine of Rs.500/-, in default thereof he was to further undergo rigorous imprisonment for six months. All the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that a written report (Exhibit P12) was submitted by PW3 Ram Niwas S/o Ramnarain Bairwa to SHO, Police Station Vishwakarma, Jaipur at about 7.10 AM on 15.12003, stating therein that he is a resident of village Parwan Bundi, Police Station Banetha, District Tonk. He had been staying in Jaipur with his family for last one month to earn his livelihood. He was the tenant in the house of Shri Chhitar Bairwa, situated at Udhyog Vihar Colony, Road No.17, Vishwakarma. It was stated that on 14.12003 at around 7.00 PM he was present in his house. His daughter Rekha aged 8 years and younger son Lekhraj aged 6 years were playing in front of their house. Suddenly Rekha disappeared. They searched her everywhere in the colony during whole night but she could not be traced. In the night at around 3.30 AM her dead body was found lying on the public way near his house. He took the dead body of Rekha to his room. Chhitar, Suwa and Ramprakash came to his house on hearing the wail of his wife. The underwear and Chappal, which her daughter Rekha was wearing, were found missing. He doubted that someone has murdered her after committing rape upon her. Therefore, action be taken against the culprit.

(3.) On the basis of the aforesaid written report, the police registered regular First Information Report No.233/2003 on 15.12.2003 for offence under Sections 302, 201 and 376 IPC and commenced the investigation. During investigation the accused was arrested on 15.12.2003 itself. On completion of the investigation the police filed charge-sheet against the accused-appellant for the offence under Sections 376(2)(f), 302 and 201 IPC in the Court of Additional Civil Judge (Jr. Division) & Judicial Magistrate First Class No.12, Jaipur City, Jaipur who committed the case to the Court of Sessions Judge, Jaipur City, Jaipur being triable exclusively by it, from where it was transferred to the Court of Additional Sessions Judge (Fast Track) No.1, Jaipur City, Jaipur for trial. Charges for the offence under Sections 376(2)(f), 302 and 201 IPC were framed against the accused-appellant, who denied the same and claimed to be tried. The prosecution in support of its case examined 22 witnesses and exhibited 27 documents. No witness was produced in defence except one document. Learned trial Court on conclusion of the trial convicted and sentenced the accused-appellant in the manner indicated herein above. Hence this appeal.