- (1.) JUDGMENT :- Through this appeal u/S. 374, Cr. P.C. Satish Chandra calls in question the judgment dt. 4-11-1996 of the learned Sessions Judge. Jodhpur convicting him u/S. 376, 366 and 384, I.P.C. He was sentenced to undergo 7 years R.I. and pay a fine of Rs. 1000/- u/S. 376, I.P.C. 5 years R.I. and a fine of Rs. 1000/- u/S. 366, I.P.C. and one year R.I. and a fine of Rs. 500/- u/S. 384, I.P.C. All the substantive sentences were ordered to run concurrently.
(2.) The prosecution case, in brief, was that on 13-2-1989 accused kidnapped Kumari "R" (name withheld) from the custody of her parents and committed rape on her up to 5-4-1989 at various places and also he snatched the gold ornaments worn by Kumari 'R' during that period. The prosecution case further was that the accused and the two others (since acquitted) entered into a criminal conspiracy and fabricated the false documents showing the marriage of the accused with "R".
(3.) On 28-3-1989 Govind Narayan (PW-1) lodged a written report at Police Station Shastri Nagar, Jodhpur stating that he was away at Tirupati Balaji for some days and in his absence the accused kidnapped his daughter 'R' on 13-2-1989. It was stated that 'R' being a simple girl, the accused might have succeeded in persuading her to go with him. On this report, a case u/S. 366, 368, I.P.C. was registered. During investigation, the police succeeded in recovering 'R'. The recovery was made from a house at Jabalpur on 5-4-1989 in the presence of Govind Narayan vide Recovery Memo Ex. P-2. Thereupon 'R' was brought to Jodhpur and her statement u/S. 164, Cr. P.C. Ex. D-14 was recorded by the Judicial Magistrate on 11-4-1989. In her statement u/S. 164, Cr. P.C., 'R' stated that she had gone with the accused on her own accord and she was consenting party to the sexual activity. After interrogating various witnesses, the police submitted a final report on 24-4-1989. The Magistrate sent a notice to Govind Narayan first-informant about the final report. He appeared on 17-11-1992 and after making requests for adjournment for more than 15 months, he filed protest petition on 8-2-1994 whereupon the learned Magistrate held enquiry under Chapter XV of the Code of Criminal Procedure. After recording the statements of Govind Narayan, 'R' and one Indira he passed an order on 9-5-1994 directing further investigation by some senior officer of the Police Department. It was directed that steps be taken to recover the vulgar photographs. ;