AMIT KUMAR JOSHI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Vide this order above mentioned, two appeals would be disposed of.

(2.) On 06.02.2011 at about 11:30 p.m., missing report Ex. P5 was lodged by the complainant-Rajesh Kumar Jaimini with regard to his minor daughter. It was stated by the complainant in the report that he had gone to attend the marriage of the child of his relative Surendra Kumar Jaimini. When after the marriage ceremony he was to return home at about 8:30 p.m., he found that his daughter (victim) was missing from Rukhmani Palace Marriage Home.

(3.) Thereafter, complainant moved complaint Ex. P1 on 07.02.2011 at about 1:30 a.m., wherein he stated that on 06.02.2011 at about 8 a.m. he had left to attend the marriage of the child of his relative Surendra Kumar Jaimini along with his wife and minor daughter. They had stayed in the house of his brother at Gangapur City, and thereafter, they had all gone to Rukhmani Palace. At about 9:30 p.m., he could not locate his daughter. They looked for his daughter in Rukhmani Palace but she could not be located there. He lodged missing report of his daughter. Thereafter, somebody heard noise from the go-down constructed in the Palace Campus. When they reached the spot and opened the door, they found that his daughter was lying there in an injured condition. He took his daughter immediately to the hospital. Accused Amit Kumar had raped his daughter as he had taken his daughter along-with him on the pretext of giving her a toffee.