MUKESH HARIJAN Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) Appellant has preferred this Jail appeal aggrieved by the judgment and order dated 30.10.2012 passed by Sessions Judge, Sikar (Rajasthan) whereby appellant has been convicted under Sections 363, 366, 376 (2) (f) and 450 IPC and has been sentenced for offence under Section 363 IPC for seven years rigorous imprisonment and fine of Rs.5,000/- and on non payment of fine to further undergo one year's rigorous imprisonment, for offence under Section 366 IPC ten years rigorous imprisonment and fine of Rs.5,000/- and on non payment of fine to further undergo one year's rigorous imprisonment, for offence under Section 376 (2) (f) imprisonment for life and for offence under Section 450 IPC ten years rigorous imprisonment and fine of Rs.10,000/- and on non payment of fine to further undergo one year's rigorous imprisonment. The sentences were directed to run concurrently.

(2.) The factual matrix of the case is that on 7.6.2011 FIR Ex.P9 was lodged at Mahila Police Station, Sikar by Shankarlal to the effect that the complainant alongwith his family members were sleeping outside their house. At 6.00 a.m. in the morning his wife informed that their daughter is not at home. They searched in the neighbouring houses. At 7.00 a.m. Raju Harijan and Jamal came with their daughter, who was bleeding from her private parts. Police after registration of FIR conducted investigation picked up foot prints mould from the spot and arrested the accused-appellant on 9.6.2011. Appellant was having bruises on his right ankle. In pursuance of the information given under Section 27 of the Evidence Act at instance of appellant blood stained clothes of prosecutrix, shoes and clothes of the appellant were seized. Police after due investigation submitted charge-sheet against the appellant.

(3.) Trial Court after hearing the charge argument framed charges under Sections 363, 366, 376 (2) (f) and 450 IPC.