S.P.Pathak, J. - (1.) This jail appeal under Section 383, Cr.P.C. has been filed by accused-appellant Shankarlal against the judgment of conviction and order of sentence dated 09.01.2003 passed by Addl. District and Sessions Judge (Fast Track), Chittorgarh in Sessions Case No.39/01 State vs. Shankerlal & Anr., whereby he has been convicted under Sections 366, 368 and 376(1) IPC and sentenced to 7 years' rigorous imprisonment with a fine of Rs. 2,000/-, in default of payment of fine to further suffer six months simple imprisonment under Section 376(1) IPC; 2 years' simple imprisonment and a fine of Rs. 1,000/-, in default two months' further simple imprisonment under Section 368 IPC; and 2 years' simple imprisonment and a fine of Rs. 1,000/-, in default thereof to further undergo two months' simple imprisonment under Section 366 IPC. All the sentences have been ordered to run concurrently and benefit of set off under Section 428 CrPC for the period of police and judicial custody has been allowed.
(2.) Briefly stated, the facts of the case are that on 01.05.1997 at 7:30 PM Ex.P/9 Parcha Bayan of prosecutrix PW. 1 Deu Bai was recorded at Police Station, Phooliyakalan, wherein she inter-alia stated that she is resident of village Ghosunda and has two sons and one daughter. Last Tuesday, at 8 PM in the night when she alongwith all her family members were in the house, one person alongwith Ramchandra arid his wife came there. Ramchandra told that one daughter of that person has been engaged in village Chandras and the another daughter is being engaged with his nephew and if she wished the other daughter can be engaged with her son Bhopraj. Ramchandra introduced that person as Suresh Payak alias Shanker, resident of Kekri, serving in police. It was further stated in the Parcha Bayan that the prosecutrix said that her son was still of tender age and, therefore, she refused for the engagement. It is said that those persons took dinner at her house and stayed that night there. The next morning they again asked for the engagement but she said that she may get engaged her brother Kishanlal with his daughter. In the early morning, she and Suresh started for Lasdawan for the engagement of her brother Kishanlal with her daughter and reached there. After talks, engagement of Kishanlal was fixed with the daughter of Suresh and Suresh gave 'Lagan' (writings in respect of engagement) and that night they stayed at the house of her brother. Next morning, Suresh told that he had one more daughter and again asked for getting his daughter engaged with her son and on persuasions of her brothers she agreed to that and for that 'Lagans' were got written through one Brahmin and the date of marriage was fixed as 08.05.1997. After that, Suresh told her to go back but she denied. Suresh then asked her to meet her daughter and she agreeing with him started from Lasdawan in a bus for Nimbaheda. The bus reached Nimbaheda at about 9 PM. They got down there and she was taken by Suresh to a room in the upper-storey of a hotel. When she refused, Suresh said that they should take rest for a while. He, after taking her inside the room, closed the door and on her crying shut her mouth. After laying her forcibly on a cot, Suresh committed rape on her and kept her there the whole night. Next day, at 6 O'clock, the gate of the room was opened, Suresh brought her down stairs and got her seated in a jeep already there. She stated that at that time she did not make any hue and cry. The jeep was got stopped at Kapasan bus-stand cross road by accused Suresh and she was asked to get down there. From there she was boarded in the bus for Kekri. Accused Suresh alias Shanker also accompanied her. At Kekri bus-stand, Suresh took her at a Dhaba (A place where snacks and meals are sold) and forced her to eat. Suresh told her that there was his 'Medi' (room in the first floor) and asked her to come there. At the 'Medi', Suresh told her to stay for a while and said that he would call his children there but he pushed her inside the "Medi' and shut the doors from outside. After about an hour, Suresh came and opened the doors. He came inside the 'Medi' and shut the doors from inside and there also committed misdeed with her. In the morning, Suresh asked her to wash his clothes. The pant of Suresh fell down and on the pretext of bringing the pant, she went down but Suresh alias Shanker came behind her and forcibly started pulling her. She told the persons sitting there that he was a criminal (Gunda) and had brought her by abducting. She prayed for getting boarded her in a bus for Phooliya. Suresh also boarded the bus but at her instance the persons there compelled him to get down from the bus. After getting down from the bus, she came running to the Police Station for reporting the matter.
(3.) On the aforesaid Parcha Bayan, a report was jotted down at Police Outpost, Phooliya under Sections 366, 376, 342 and 420 IPC without number and was sent to the Police Station Chanderiya for taking action in the matter. On 03.05.1997 on the aforesaid without numbered report, a Criminal Case No. 144/1997 under the aforesaid sections of Indian Penal Code was registered and investigation commenced.;