- (1.) In this criminal appeal filed under Section 374(2) Cr.P.C. the accused appellant Subhash has challenged the judgment dated 27.1.2010 passed by Special Judge, SC/ST (Prevention of Atrocities) Act (Sessions Judge), Hanumangarh in Sessions Case No.30/2008 whereby the accused appellant Subhash was convicted for the offences under Sections 452 and 376 I.P.C. and under Section 3(2)(V) of the SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989 for short) and passed the following sentences: JUDGEMENT_210_LAWS(RAJ)1_2017_1.html
(2.) As per brief facts of the case, the complainant Banwari Lal S/o Mani Ram (PW-4) submitted a written report (Ex.P/2) on 29.2.2008 before the Police Station Goluwala, District Hanumangarh alleging therein that yesterday his brother and sister-in-law (Bhabhi) went to Talwara Jheel while leaving my nephew Jasveer and niece "X", aged about 14 years old in the house. In the evening at about 7'O Clock, when my niece "X" was washing cloths in her house, the neighbor Subhash (present appellant) entered in the house and committed rape on her and upon hearing her cry, my mother immediately went in the house where my niece was lying on floor sustained with blood. The accused appellant while pushing my mother, run away from the place of occurrence. After sometime, I and my father Maniram reached on spot and took my niece to the hospital in a tractor for treatment. The complainant prayed to take legal action against accused appellant for committing rape.
(3.) Upon aforesaid complaint, FIR no.27/2008 was registered under Section 376 and 452 of the I.P.C. and under Section 3(2)(V) of the Act of 1989 and investigation was commenced.;