NAVNEET Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this criminal appeal, a challenge is made to the order dtd. 29/10/2013, passed by the Additional Sessions Judge, Srimadhopur, District Sikar (Rajasthan) in Session Case No. 03/2012. The accused-appellants were convicted for offences under Ss. 363 and 376(2)(g) IPC and sentenced as under:

(2.) It is a case where an FIR was registered on a written report, Exhibit-P3, on 15/10/2011. It was alleged that on 12/10/2011, the prosecutrix went with her bhabhi (Suman) to Khandela Government Hospital where one Navneet Sharma S/o. Surendra Sharma was available. After examination of the prosecutrix by a doctor, she was prescribed certain investigation. Naveen Sharma known to bhabhi-Suman asked prosecutrix to come for investigation with him and, accordingly, the prosecutrix went with Navneet Sharma. Bhabhi-Suman was also to accompany them but having a baby with her, she was asked to go back.

(3.) The accused-Navneet Sharma then took the prosecutrix to an isolated place where four to five persons were available. The offence under Sec. 376(2)(g) IPC was committed by all the accused. The report of the incidence was not lodged immediately under fear and threatening given by the accused. It was lodged after three days when prosecutrix felt unwell out of the occurrence. On the written report, the police registered an FIR and caused investigation. It filed charge sheet against accused-Navneet Sharma for offence under Sec. 363 and 376(2)(g) IPC, whereas, for other accused, it was under Sec. 376(2)(g) IPC. The trial court framed charges and explained it to the accused-appellants. They denied the charges, thus trial commenced.