MOHAMMAD ISHTAQUE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 25.5.1987 whereby the learned Additional Sessions Judge No. 1, Alwar has convicted the accused-appellant Ami Khan @ Mohd. Ishtaque Khan in the offences under Sections 368 and 202 of I.P.C. and sentenced as under:

(2.) The prosecution case is woven like this :

(3.) The Investigating Officer recovered Mst. Santosh vide memo Ex.P-3 from House No. 73, Mohalla Kolutola, Balai Datt Street, Gali Mushafir Khana situated in Kolkota and brought her to Alwar where she was subjected to medical examination at General Hospital, Alwar for determination of her age as also rape. Her statement was recorded under Sec. 164 of Crimial P.C. by the Judicial Magistrate. Further the LO recorded the statements of witnesses acquainted with the facts and circumstances of the case and after usual investigation sent the accused persons namely Wazid Khan and Ami Khan for trial to the Court.