MAHESH ALIAS SANJAY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Briefly stated the prosecution case is that during the year 1988 PW 7 Suman alias Pinky, aged about 12 or 13 years at that time, was living in village Hamirpur under Police Station Mundawa, Distt. Jhunjhunu (Raj.) with her grandmother PW 2 Smt. Harkari (80) and mother PW 3 Smt. Janki Devi (58). Her father RW 1 Bhagwan Singh (60) used to reside at Pilani where he was employed as a Teacher. Her brother, Mahender, is stated to be living at Calicut in connection with his employment there.

(2.) Suman was studying in VIIIth class in Palika Ucha Prarthamic Vidhayalay at Nuwa and used to go to her school along with other girls of her village. Mahesh appellant, then aged about 20 or 22 years is resident of the same village Hamirpur. Earlier he was living in Assam wherefrom he had returned to his village. He is stated to be loafer type fellow doing nothing in the village and simply chasing the school going girls. He is stated to have developed intimacy with Suman with whom he exchanged some love letters also.

(3.) It is in the above backdrop that the prosecution case further is that during the intervening night of 1/2 -12-1988 the appellant enticed Suman from her house along with the ornaments and cash belonging to her family. He first took her to Jhunjhunu and then to Lucknow where he stayed in Room No. 110 of Avadh Guest House where PW 8 Mansoor was working as a Manager. One Ram Murti Misra used to work as a waiter in the said guest house. The appellant stayed in the said guest house for the night of 2/3-12-1988 and, allegedly repeatedly subjected Suman to sexual act.