Khema VS State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MANOJ KUMAR GARG
Khema – Appellant
Versus
State of Rajasthan – Respondent

Advocates:
Counsel for the Parties:
For the Appellant:Mr. Mridul Jain, Advocate
For the Respondent: Mr. KS Kumpawat, PP

JUDGMENT

Manoj Kumar Garg, J.—Instant criminal appeal has been filed by the appellant under Section 374(2) Cr.P.C. against the judgment dated 14.02.1995 passed by learned District & Sessions Judge, Banswara, in Sessions Case No.11/1993 by which the learned Judge convicted and sentenced the appellant as under :

Offence	Sentence	Fine & default sentence
Sec. 376 IPC	7 years RI	Rs.500/- & in default of payment, undergo 1 month RI
Sec. 447 IPC	----	Rs.300/- & in default of payment, undergo 1 month RI Both the sentences were ordered to run concur rently.

2. Brief facts of the case are that complainant gave an order report at Police Station Loharia to the effect that the appellant had committed rape with her. On this report, Police registered a case against the accused appellant for offence under Sections 447 & 376 IPC and started investigation.

3. On completion of investigation, the police filed challan against the accused appellant for offence under Sections 323, 447 & 376 IPC. Thereafter, the charges of the case were framed against the appellant, who denied the same and claimed trial.

4. During the course of trial, the prosecution examined as many a