- (1.) The matter has come up on application for suspension of sentence. Learned counsel for the appellant-applicant as well as the learned Public Prosecutor are in agreement on the point that instead of deciding the application for suspension of sentence, the appeal itself may be heard finally. Accordingly, by this judgment the appeal is being disposed of.
(2.) This is an appeal filed by appellant Shrawan Singh against the judgment of conviction and order of sentence dated 03.03.2009 passed by learned Additional Sessions Judge (Women Atrocities and Dowry Cases), Bhilwara in Sessions Case No. 21/2008, by which the learned trial court held the present appellant guilty for the offence under Section 363 and 376/511 IPC and sentenced him for the offence under Section 363 IPC to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months and for the offence under Section 376/511 IPC to undergo rigorous imprisonment for five years and to pay a fine of Rs.1000/- and in default of payment of fine, further to undergo rigorous imprisonment for three months. Learned trial court further ordered that both the sentences shall run concurrently.
(3.) The prosecution story in brief is that on 15.03.2002, complainant Vidhyasagar lodged an FIR (Ex.P.1) in Police Station (Mahila), Bhilwara to the effect that on 14.03.2002 at about 1.00 p.m. the complainant came to his house for lunch, his wife informed him that the accused appellant kidnapped their daughter Priyanka and tried to rape her. On the basis of the aforesaid report, a criminal case No. 31/2002 under Section 376/511 IPC was registered and investigation commenced. During the course of the investigation, the statements of the witnesses were recorded and the victim was medically examined and after due investigation, a charge-sheet under Section 376/511 was filed in the Court of Judicial Magistrate, First Class, No. 2, Bhilwara, from where the case was committed to the Court of Additional District and Sessions Judge (Women Atrocities and Dowry Cases), Bhilwara.;