DR.PUSHPENDRA SINGH BHATI,J. - (1.) The present appeal under Section 374 of the Code of Criminal Procedure calls in question the legal validity and defensibility of the judgment and order dated 11.07.2019 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Bhilwara in Sessions Case No.36/2012 (323/14), convicting and sentencing the accused/appellant as under:- Under Section 376 IPC Life imprisonment and fine of Rs.1000/- and in default of payment of fine, to further undergo six months simple imprisonment Under Section 323 IPC Simple imprisonment for one year and fine of Rs.500/- and in default of payment of fine, to further undergo three months simple imprisonment. Under Section 3(1)(xii) Simple imprisonment for five years and SC/ST Act fine of Rs.1000 and in default of payment of fine, to further undergo six months simple imprisonment Under Section 3(2)(w) Life imprisonment and fine of Rs.1000/- SC/ST Act and in default of payment of fine, to further undergo six months simple imprisonment All the substantive sentences were ordered to run concurrently.
(2.) The broad essential facts which need to be adumbrated for the decision of the present appeal are that on 28.05.2012, the prosecutrix filed a complaint at Police Station, Mandal stating therein that she resides at Station Kheda with her family. The prosecutrix further stated that on 26.05.2012 at about 9:00 p.m., she went alone for latrine near a boundary wall of the school. The prosecutrix in the said complaint also stated that at that time, she was suddenly caught by a man from behind, and the man, while putting a handkerchief in her mouth, raped her. As mentioned in the complaint, the man further tried to take her away on his motorcycle forcibly, but she fell down from the motorcycle, and in the meanwhile, hearing her shout, one Rajesh Kanjar and another Bhura came running and tried to catch the accused, but he ran away. The prosecutrix further stated that the person, who committed rape upon her, was doing chunai work in her neighbourhood, and his name was Pappu s/o Rama Oad r/o Rampuria. The prosecutrix also stated that the accused, while running away, left his slippers and motorcycle at the spot. As per the prosecutrix, after the said incident, she was taken away to the hospital by her family members, and from there, she went to a hotel to have dinner.
(3.) On the basis of the aforementioned report, FIR No.128/2012 was registered against the present accused/appellant at Police Station, Mandal for the offences under Sections 376, 323 IPC and Section 3(1)(III) and 3(2)(w) of the SC/ST Act. The accused/appellant was arrested and investigation commenced, and thereafter, charge-sheet was submitted. The accused/appellant pleaded not guilty and claimed trial. ;