RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In this criminal appeal filed under Section 374 of Cr.P.C., accused appellant, Raju S/o Nanak Ram, has challenged the validity of judgment dated 07th of January, 2010 passed by learned Addl. Sessions Judge (Fast Track) No.1, Bikaner (for brevity, hereinafter referred to as "trial court") in Session Case No.37/2009, whereby the accused appellant was convicted for the offence under Section 376 (2) (f) of IPC and sentenced for life imprisonment with a fine of Rs.300/- with default stipulation to further undergo three months rigorous imprisonment.

(2.) Briefly stated, the facts of the case are that on 07.04.2009 at about 10-11.00 AM, PW.4 Smt. Mathra W/o Jagdish Bairwa, submitted a written report (Ex.P/1) at Police Station- Mahila, Bikaner, alleging inter-alia that she along with her husband are doing labour work at quarter, which are being constructed behind 10th RAC Battalion. It is further stated that she is living at the site along with her husband children i.e. Mst. "P" (prosecutrix) aged about is six years and one son of two years.

(3.) On 05.04.2009 at about 08.00 PM, when she was preparing food, and her daughter was playing outside the house, at that time the accused appellant took her daughter in the nearby quarters, which were under construction. After sometime she heard cry of her daughter and rushed towards the under construction quarters, the accused appellant came their bringing prosecutrix in unconscious condition, her clothes were smeared with blood, upon enquiry accused appellant did not reply and ran away. The complainant called her husband PW.1 Jagdish, at that time, Dharma, Ramniwas (PW.3), Smt. Kamla also came there. The prosecutrix Mst. "P" was taken to the P.B.M. Hospital, Bikaner for treatment. In the complaint it is alleged that accused appellant committed rape upon the prosecutrix, therefore, action may be taken against him. Upon submission of aforesaid written report, FIR No.41/2009 (Ex.P/9) was registered against the accused appellant for the offence under Sections 323 and 376 of IPC at Police StationMahila, Bikaner. Thereafter investigation commenced.