MATHUR, J. - (1.) This appeal is directed against the judgment dated 20th August, 1997 passed by Judge, Special Court (Women Atrocities and Dowry Cases), Bhilwara convicting the appellant for offence under Section 376, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment to further undergo six months imprisonment.
(2.) Briefly stated the prosecution case is that on 20th January, 1995, P.W. 1 Mst. Shahnaj Bano aged 16-17 years submitted a written First Information Report at Police Station, Kapasan stating inter alia that her mother left her father about three years back and she was living with her parents at village Sarvad. She along with her sisters Shabnam and Parveen and brother Mahaboob stayed with her father at village Bagore. About three months back while she was sleeping with her sisters and brother, she was aroused by her father, who wanted her to massage his legs. She obeyed the command and massaged for about 10-15 minutes. It is alleged that she was asked by her father to sleep with him, but she refused. It is further alleged that her father caught hold and threw on the bed and string of the Salwar was loosened. Thereafter she was being ravished by her father. She started weeping. She was threatened that if she disclose the incident, she will be killed. Thereafter, he continued to commit rape on her regularly for 7-8 days. About 5-6 days back, he brought her along with her sisters to Mosque at Kapasan. In the night, her father again asked her to accompany him. On her refusal, she was being beaten. She being tired of the activities of her father, on getting opportunity, narrated the incident to Chowkidar of the 'Dargah' Yasin and his wife Iqbal Bano. She also narrated this incident to one Sugra. On this information, police registered a case for offence under S. 376, IPC and proceeded with investigation. As the incident related to Police Station, Bagore, the case was transferred to S.H.O. Police Station, Bagore. The prosecutrix was sent to Police Station, Bagore along with lady police constable P.W. 3 Miss Ranjna. After usual investigation, police laid charge-sheet against the appellant for offence under S. 376, IPC.
(3.) The appellant denied the charges levelled against him and claimed trial. The prosecution in support of the case examined as many as fifteen witnesses. The appellant in his statement under S. 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. Analysing the evidence, the trial Court found the charged proved against the appellant. Accordingly, the learned Judge convicted and sentenced the appellant as noticed above.;