- (1.) The appellant Arvind s/o Bheemaji , b/c Meena, r/o Ghodi-Fala-Bihari, Police Station Rishabhdev, District, Udaipur has filed this appeal against the judgment of conviction and order of sentence dated 11.01.2007 passed by the learned Addl. Sessions Judge (Fast Track) No.3, Udaipur Camp Salumber in Sessions Case No.28/2006 and sentenced the accused appellant for the commission of offence under section 366 IPC to five years' rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine to further undergo six months' simple imprisonment and for offence under section 376 IPC, to seven years' rigorous imprisonment and a fine of Rs.1,000/- and in default of payment of fine to further under go six months' simple imprisonment. Both the sentences were ordered to run concurrently.
(2.) The facts of the case, arising out of this appeal are that the appellant has been made an accused in FIR No.95/2006 lodged by Babu Lal complainant , on the allegation that the appellant Arvind has kidnapped his daughter forcibly and thereafter committed rape along with one Mohan . After investigation , charge sheet was filed against the accused appellant before the competent court and the case was committed to the court of Sessions for trial. Since co-accused Mohan being below 18 years, he has been charge sheeted in the Juvenile Court.
(3.) The learned trial court framed charges against the accused appellant under section 363, 366 and 376 IPC and case prosecution produced oral as well as documentary evidence. The accused was examined under section 313 Cr.P.C. The learned trial court acquitted the appellant under section 363 IPC but convicted the appellant for the offence under section 366 and 376 IPC and sentenced him as indicated above.;