MAHENDER PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant (Mahender Pal) has filed this Criminal Appeal under Sec. 374 Crimial P.C. challenging the judgment of conviction and sentence dated 27.5.2003 passed by the learned Sessions Judge (Fast Track) No. 1, Jaipur District, Jaipur in Sessions Case No. 36/2002, by which he convicted and sentenced accused appellant for the offence under Sec. 376 I.P.C. for 7 years RI and a fine of Rs. 1000.00 in default of payment of fine to further undergo 6 months imprisonment and under Sec. 307 I.P.C. he was sentenced for 5 years RI and a fine of Rs. 1000.00 in default of payment of fine to further undergo 6 months imprisonment.

(2.) The brief facts of the case are that on 17.9.2001, the complainant Gulab submitted a written report (Ex.P-1) at Police Station, Amer stating therein that he has got two sons, and two daughters, both are living at village Sangawala. According to him, he is working at Delhi. On receiving a telephonic message, he rushed to his village, he was informed that when his daughter Chanda was working at his field, one Mahender Balai (neighbour) forcibly took her to Bajra field and did wrong with her and threatened to kill her if this story narrated to her family members. The accused appellant took her towards well and put her into the well with an intention to kill her. It is alleged that after hearing hue and cry, Bholuram, Chhoturam reached there and brought her outside the well. On the basis of the aforesaid report, a case (F.I.R. No. 358/2001) under Sec. 476 (sic 376) and 307 I.P.C. was registered. After investigation, the Police has filed a challan under Sections 376 and 307 I.P.C. before the Court of Civil Judge (Sr. Division) and Addl. Chief Judicial Magistrate, Chomu who committed the same to the Court of Sessions Judge, Jaipur District, Jaipur. But the learned Sessions Judge by his order-dated 22.11.2001 transferred the case to the Addl. Sessions Judge (Fast Track) No. 1. Jaipur who framed charge against the accused for the offence under Sections 376 and 307 I.P.C. The charges were read over and explained to the accused appellant who denied all the allegations and claimed for trial.

(3.) During trial, the prosecution in support of its case examined as many as 19 witnesses in support of it's case and got exhibited some documents. Thereafter, the statements of prosecution witnesses were recorded under Sec. 161 Crimial P.C. The statements of accused appellant were also recorded under Sec. 313 Crimial P.C. In defence, the accused appellant produced 2 witnesses, namely D.W.l Birdu and D.W.2 Bhagwan Sahai and got exhibited some documents.