R.S.CHAUHAN, J. - (1.) AGGRIEVED by the judgment dated 12.1.2005, passed by the Additional Sessions Jude (Fast Track) No.1, Baran, the appellant has preferred this Jail appeal from Central Jail, Kota. By the said judgment, the appellant has been convicted for offence under Section 376 and 302/34 IPC. For the former offence, he has been sentenced to ten years simple imprisonment, imposed with a fine of Rs.500/ -, and directed to further undergo six months of simple imprisonment in default thereof. For the latter offence, he has been sentenced to life imprisonment, imposed with a fine of Rs.500/ -, and further directed to undergo six months of simple imprisonment in default thereof.
(2.) BRIEFLY , the facts of the case are that on 11.1.2004, Hemraj (P.W.6) submitted a written report (Ex.P.24) before the SHO, Police Station Mangarol, which is as under: - To, The SHO, Police Station Mangarole. Sub.: For registering a report. Sir, This is to submit that my wife, Rukmani, is ill. On Thursday around 1.00 PM, I had taken her to Bohat. At home, we left our daughter, Anita, aged 13 -14 years. When we came back around 5.00 O'clock in the evening, we did not find our daughter at home. We searched for her. On Friday, I had submitted a report to the police station about the fact that my daughter was missing. We have been searching for my daughter for the last three days. Today, Rameshwar Meena, Prem Chand Meena, Ramswaroop Bairagi, Hukum Chand Meena and other villagers went out looking for her. When we had reached the field belonging to Heeralal Bairwa, we discovered the dead body of my daughter lying in the mustered crop. There was a stone lying near her head, and a Lota (a small metallic pot) and her slippers were lying there. Her Salwar (Pajama like garment worn by girls) was opened. Her Kurta (a shirt like garment worn by girls on upper part of the body) had been pulled up till her stomach. There was blood oozing out of her nose and mouth. Some unknown person has killed my daughter. I am submitting this report. Signature Hemraj Luhar S/o. Gopal Luhar, Village Shyampura, Tehsil Mangarol, Dated: 11.1.2004
(3.) ON the basis of this report, a formal FIR (Ex.P.37), FIR No.12/2004, was chalked out for offence under Section 302 IPC. However, during the course of investigation, after the Post -Mortem Report (Ex.P.22) was received, the offence under Section 376 IPC was added. For, the Post -Mortem Report revealed the commission of rape. Moreover, during the course of investigation, both the appellant and one Yogendra were arrested. However, as Yogendra happened to be a juvenile delinquent, his case was referred to the Juvenile justice Board. A chargesheet was filed against the appellant for offences under Sections 302, 376 IPC before the Judicial Magistrate, Mangarol, which was committed to Sessions Judge, Baran, and by order dated 29.3.2004, the case was transferred to the Additional Sessions Judge (Fast Track) No.1, Baran. The learned Judge framed charges for offences under Sections 376, 302/34 IPC against he appellant. The appellant denied the charges, and claimed trial. In order to support its case, the prosecution examined twenty -six witnesses, and submitted forty -four documents. Although the defence did not examine any witness, it did submit two documents. After going through the oral and the documentary evidence, the learned Judge convicted and sentenced the appellant as aforementioned. Hence, this Jail appeal before this court.;