RAMESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Ram Prasad Nagar PW-5 submitted a written complaint Ex.P-3 on 26.9.2001 at the Police Station Sangod regarding the occurrence alleged to have taken place on 25.9.2001. In the written report it was mentioned by the complainant that today i.e. on 26.9.2001 at about 7.00 P.M. when he returned to his house he was informed by his wife Shanti that on 25.9.2001 at about 5.00 P.M. when his daughter (prosecutrix) went to ease herself then Ramesh son of Prabhu Lal Meghwal committed rape on her. Hearing cries of his daughter his son Jugal Kishore arrived at the place of the occurrence but the accused fled away. On the basis of the written complaint the police registered a case under Section 376 I.P.C. vide F.I.R. No. 324/2001. The said report after investigation culminated into challan against the appellant under Section 376 I.P.C.

(2.) On the basis of the material and evidence collected by the investigating agency, learned trial Court framed charge against the appellant under Section 376 I.P.C. to which he d-nied, pleaded not guilty and claimed trial.

(3.) To prove its case the prosecution examined as many as 14 witnesses and also got exhibited some documents. In his statement under Section 313 Cr.P.C. the appellant denied the allegations but no defence was led.