SUBHASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Assailing the judgment dated 11th of March, 2010, passed by Addl. Sessions Judge (Fast Track) No.1, Jodhpur (for short, 'learned trial Court'), accused-appellant has laid this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.').

(2.) By the impugned judgment, the learned trial Court indicted appellant for offence punishable under Sections 376(2)(g) and 323 IPC and acquitted him for offence punishable under Sections 363, 366 and 120-B IPC. For offence under Section 376(2)(g) IPC, the learned trial Court sentenced appellant punishment of life-term imprisonment with fine of Rs.10,000/- and in default of payment of fine to undergo sentence for six months' simple imprisonment whereas for offence under Section 323 IPC he is sentenced for six months' simple imprisonment. The learned trial Court also ordered that both the sentences to run concurrently.

(3.) Succinctly stated, the prosecution case is that on 25th of February, 2007, at about 7:30 PM, complainant P.W.3, father of the prosecutrix, submitted written report Ex.P/7 at Police Station Osian. It is stated in the report that his daughter (prosecutrix) is studying at Ghewra School. The report further unfurls that on 23rd of February, 2007, at about 1:00 PM, one Ms. Neetu gave a phone call to the school informing the prosecutrix to leave school compound immediately for reaching Ghewra Bus-Stand. The report also contained recitals that at Ghewra Bus-Stand Bhanwaroo is waiting for her with Bolero Jeep. As per report, responding to the phone call, prosecutrix left the school after taking permission from Manager but when she reached the destination, Bolero Jeep was not available at the bus-stand. Thereafter, she made a phone call to Bhanwaroo, who then informed her that he is waiting for her at some distance from bus-stand on Tinwari Road. The report also revealed some facts concerning Ms. Neetu, solicited by the prosecutrix from Bhanwaroo, and his enticing/alluring her to board the jeep on some pretext.