Sunil Kumar Garg, J. - (1.) This Criminal Appeal has been filed by the accused appellant against the judgment and order dated 20.7.2001 passed by the Addl. Sessions Judge (Fast Track) Alwar in Sessions Case No. 29/2001 by which he convicted and sentenced the accused appellant in the following manner. JUDGEMENT_178_LAWS(RAJ)2_2002_1.html All the above substantive sentences were ordered to run concurrently.
(2.) The brief facts giving rise to this appeal are as follows (i) On 8.6.2000, RW. 1 Ramchandra lodged a written report Ex.R 1 at police Station, Ramgarh, District Alwar stating therein that on the intervening night of 6-7.6.2000 at about 2.00 A.M. his daughter Jai Kaur aged 15 years RW. 7 (hereinafter referred to as "the prosecutrix") was sleeping on a coat near to him, but she disappeared and her search was made and he came to know that she had been kidnapped by the accused appellant and he had taken her to some other lonely place. It was further stated in the report that the accused appellant used to come to one Aze Mohammed who was neighbour to him. It was further stated in the report that the prosecutrix RW. 7 Jai Kaur was seen by one Devi Dayal RW. 6 and RW. 4 Laxman on the date when she was kidnapped. (ii) On this report, police registered a case for the offence under Sections 363 and 366 I.PC. and chalked out regular RI.R. Ex. R 2 and started investigation. (iii) During investigation, on 8.6.2000 RW. 7 prosecutrix Jai Kaur was recovered from Govindgarh Mor. The prosecutrix RW. 7 Jai Kaur -was got medically examined for the purpose of ascertaining her age as well as for the purpose whether rape was committed with her or not. Her medical examination report is Ex.R 9 and report of ascertaining her age is Ex.R 10, which shows that she was about 18 years of age on the date of examination i.e. on 9.6.2000. The accused appellant was got arrested on 8.6.2000 through arrest memo Ex.R 12. (iv) After usual investigation, police submitted challan for the offence under Sections 363, 366 and 376 I.RC. against the accused appellant in the Court of Magistrate and thereafter, the case was committed to the court of Session. (v) On 24.7.2000, the learned Addl. Sessions Judge No. 3, Alwar framed charges for the offence under section 363, 366 and 376 I.P.C. against the accused appellant. The charges were read over and explained to the accused appellant, who pleaded not guilty and claimed trial. (vi) During trial, 15 witnesses were produced on behalf of the prosecution and some documents were got exhibited. Thereafter the statement of the accused appellant under Section 313 Cr.RC. was recorded. No evidence was produced in defence by the accused appellant. (vii) After conclusion of the trial, the learned Addl. Sessions Judge (Fast Track), Alwar through his judgment and order dated 20.7.2001 convicted and sentenced the accused appellant in the manner as indicated above holding inter-alia (1) That on the date of occurrence, the prosecutrix RW. 7 Jai Kaur was below 16 years of age. (2) That the prosecutrix P.W. 7 Jai Kaur was kidnapped by the accused appellant from the guardianship of her father RW. 1 Ram Chandra against her will. (3) That thereafter, the prosecutrix RW. 7 Jai Kaur was raped by the accused appellant.
(3.) Aggrieved by the aforesaid judgment and order dated 20.7.2001 passed by the learned Addl. Sessions Judge (Fast Track), Alwar, the accused appellant has preferred this appeal.;