GOPAL KRISHAN VYAS,J. - (1.) The instant jail appeal has been filed by the convict, Babu Singh Rawat, against the judgment dated 15th of April, 2009 passed by learned Addl. Sessions Judge (FT) No.2, Pali (for brevity, hereafter referred to as 'Trial Court') in Session Case No.13/2008, whereby the learned trial court convicted the accused appellant for offences under Sections 363, 366 and 376 of IPC and passed following sentence:- JUDGEMENT_93_LAWS(RAJ)9_2017_1.html
(2.) Briefly stated, the facts of the case are that upon a written complaint (Ex.P/13) submitted by complainant, Surajmal on 27.01.2008, F.I.R. was registered against the accused appellant for committing offence under Section 363, 366 and 376 of IPC. In the complaint (Ex.P/13) the following allegations were levelled by the complainant, which reads as under:- ...[VERNACULAR TEXT OMITTED]...
(3.) During investigation, statements of prosecutrix "P" were recorded and after medical examination and investigation, charge sheet was filed against the accused appellant in the court of Civil Judge (Jr. Division)-cum-Judicial Magistrate First Class, Pali, from where the case was committed to the court of Sessions Judge, Pali. The learned Sessions Judge transferred the case for trial to the court of Addl. Sessions Judge (FT) No.2, Pali where after framing charge under Sections 363, 366 and 376 IPC, the trial court proceeded to record the evidence of prosecution.;