Sunil Kumar Garg, J. - (1.) This appeal has been preferred by the accused appellant against the judgment and order dated 10/11/1987 passed by the learned AddI. Sessions Judge, Bhilwara in Rajasthan High Court Page 2 of 6 Sessions Case No. 42/1986 by which the learned Additional Sessions Judge convicted and sentenced accused appellant as under: JUDGEMENT_444_CRIMES2_2004Html1.htm Both the sentences were ordered to run concurrently.
(2.) It arises in the following circumstances (i) P.W.1 Shambhu Gin lodged a written report (Ex.P/13) with the Police Station City Kotwali, Bhilwara on 12/4/1986 stating inter alia that on that day, he came to Bhilwara and at about 2 p.m. when he was in the shop near Gd Pyau in Bazar No. 2, then a person of wheatish colour wearing white shirt and Dhoti came there and met him, upon this P.W.1 Shambhu Gin told him that he had to go to Haled, thereupon that person told him that a tractor was going towards Haled and, therefore, he could also come with him. P.W.1 Shambhu Gin has further stated in his report Ex.P/13 that at that time, his daughter Chandi, P.W.2 (hereinafter referred to as the prosecutrix) was also with him. It was further stated by P.W.1 Shambhu Gin in his report (Ex.P/13) that thereafter he went with that person for checking the tractor. It was further stated by P.W.1 Shambhu Gin in his report (Ex.P/13) that after sometime, that person went back on cycle leaving P.W.1 Shambhu Gin there and thereafter when P.W.1 Shambhu Gin came back to the shop situated near Gd Pyau, he did not find his daughter P.W.2 Chandi there. It was further stated by P.W.1 Shambhu Gin in his report (Ex.P/13) that when P.W.1 Shambhu Gin made enqui-ries he was told by other person that Chhoga (accused appellant) had abducted his daughter P.W.2 Chandi from there. (ii) On the basis of this report (Ex.P.13), the police chalked out regular FIR and started investigation. (iii) That P.W.2 Chandi was got re-covered on 14-4-1986 through Fard Ex.P/6 and thereafter she was got medically examined for the purpose of ascertaining whether rape was committed with her or not and her medical examination report is Ex.P/9. She was also got medically examined for the purpose of ascertaining her age and her medical examination report regarding her age is Ex.P/12. (iv) That during investigation, accused appellant was arre-sted through Fard (Ex.P/7) on 8- 5- 1986. (v) That after investigation, the police submitted challan against accused appellant for offence under Sections 366 and 376 I.P.C.
(3.) That on 14-8-1986, charges for offence under Sections 366 and 376 I.P.C. were framed against accused appellant by the learned AddI. Sessions Judge who pleaded not guilty and claimed trial.;