- (1.) This appeal has been filed by the accused appellant against the judgment dated 15-4-2000 and order of sentence dated 6-5-2000 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No. 278/97 by which he convicted the accused-appellant for the offence under Sections 366, 376 and 344, IPC and sentenced in the following manner :- The above substantive sentences were ordered to run concurrently. @@2000.htm@@
(2.) The facts giving rise to this appeal, in short, are as follows :- On 28-4-1997 at about 6.30 p.m., PW1 Gulab lodged a written report Ex. P/1 before the Police Station Ashind District Bhilwara stating inter alia that his daughter PW6 Mst. Prem had left his house nearabout one month before and a report in that matter was also lodged by him on 12-4-1997 and, thereafter, police recovered PW6 Mst. Prem and handed over to him, but since 24-4-1997, PW6 Mst. Prem had again disappeared and he has come to know that accused-appellant has taken her. On this report, police chalked out the regular FIR Ex. P/2 and started investigation. After usual investigation, police recovered PW6 Mst. Prem and submitted challan against the accused-appellant in the Court of Magistrate and from where the case was committed to the Court of Session. On 25-3-1998, the learned Additional Sessions Judge framed charges against the accused-appellant for the offence under Sections 366, 376 and 344, IPC. The charges were read over and explained to the accused-appellant, who pleaded not guilty and claimed trial. During the course of trial, the prosecution examined as many as nine witnesses and got exhibited many documents. Thereafter, statement of the accused-appellant under Section 313, Cr. P.C. was recorded. No evidence was produced in defence. After conclusion of trial, the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara vide judgment dated 15-4-2000 and order of sentence dated 6-5-2000 convicted and sentenced the accused-appellant in the manner as stated above holding inter alia that the prosecution has proved its case beyond resonable doubt against the accused-appellant for the offence under Sections 366, 376 and 344, IPC. Aggrieved from the said judgment dated 15-4-2000 and order of sentence dated 6-5-2000 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bhilwara, this appeal has been filed by the accused-appellant.
(3.) In this appeal, the only argument which has been raised by the learned counsel for the accused-appellant, is that from the statements of PW1 Gulab, father of the prosecutrix, PW2 Sukhi, mother of the prosecutrix and from the statement of the prosecutrix PW6 Mst. Prem herself, no case of either rape or abduction is made out against the accused-appellant, but on the contrary it is established that the prosecutrix PW6 Mst. Prem has gone with the accused-appellant on her own will.;