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2005 Supreme(Raj) 1156

H.R.PANWAR
Sagar Mal – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
Mr. Amitabh Acharya, for the Appellant.
Mr. J.P.S. Chaudhary, Public Prosecutor for the State.

Judgment

H.R. Panwar, J.-The instant criminal appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, "the Code") is directed against the Judgment and order dated 10.01.2005 passed by the Additional Sessions Judge (Fast Track), Parbatsar (for short, "the trial Court" hereinafter) in Sessions Case No. 21/2004 (16/2004), by which the trial Court convicted the accused-appellant for the offence under Section 376 IPC, and sentenced him to rigorous imprisonment for ten years and a fine of Rs. 10,000/-and in default of payment of fine further to undergo three months simple imprisonment.

2. The facts giving rise to this criminal appeal, in a nut shell, are that on 28.04.2004, complainant PW. 2 Ramdhan lodged a written report with Police Station, Chitawa, district Nagaur, stating therein that his sister PW. 1 Kumari Manju, the prosecutrix, is a student of Class IV in Rajiv Gandhi Swaran Jayanti Pathshala, Lalas (Gudeli Nadi) and the accused-appellant is working as a teacher in that school. It is alleged that the appellant seduced the prosecutrix and committed rape for eight to ten times by assuring her that he would give colourable marks to her in examination and als


























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