- (1.) The present criminal appeal is preferred by the accused-appellant against the impugned judgment dated 25.02.2004 passed by the Additional District & Sessions Judge (Fast Track) No.1, Baran, whereby the accused-appellant has been convicted under Section 376 IPC and sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs. 1,000/-, in default of payment of fine to further undergo simple imprisonment for six months.
(2.) In brief the facts of the present appeal are that on 24.09.2003 a written report Ex.P1 was submitted by the complainant-prosecutrix Rajesh at Police Station Siswali, Baran alleging therein that at about 10.00 a.m. when she was working in the field, accused Mahaveer S/o Madan Lal came there and committed rape on her. On the basis of the above written report, FIR No. 134/2003 was registered against the accused-appellant at Police Station Siswali, Baran for the offence under Sections 376, 354 IPC and investigation commenced. After completion of the investigation, the police filed charge-sheet against the accused-appellant for the offence under Sections 376 and 354 IPC in the Court of Judicial Magistrate, Mangrol and thereafter from the Court of District & Sessions Judge, Baran, the case was committed to the Court of Additional Sessions Judge (Fast Track) No.1, Baran for trial.
(3.) The Additional Sessions Judge (Fast Track) No.1, Baran having gone through the evidence and the material collected during investigation and placed before it and considering the rival submissions of the respective parties, framed charge for the offence under Section 376 IPC against the accusedappellant, who denied the charge and claimed trial.;