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1999 Supreme(Raj) 1058

ARUN MADAN
Raju – Appellant
Versus
State of Rajasthan – Respondent


For the Appellant:Mr. Sanjay Singhmar for Mr. Alok Sharma, Advocates.
For the State: Mr. Satish Purohit, PP.

JUDGMENT

1. - The appellant has preferred the present appeal against the impugned order dated 30.1.1999 passed by learned Sessions Judge, Sawai Madhopur in Sessions Case No. 62/98 whereby, the appellant was convicted to undergo 10 years R.I. with a fine of 5,000/- and in default of payment of fine further RI for 6 months was awarded to the appellant for offence punishable under Section 376 Indian Penal Code.

2. The case of the prosecution in short is that one Ram Prasad son of Devu, by caste Mali, resident of Bhamdoli lodged a written report vide Ex.P-1 at Police Station Bonli, District Sawai Madhopur alleging that his daughter Kanchan (prosecutrix) aged about 8-9 years on 7.11.1992 had gone to jungle to graze cattle when, at about 3-4 P.M. accused-appellant Raju came there and raped her. On cries being raised by the prosecutrix two witnesses namely; Kajod (PW8) and Jagram (PW3) came to the spot and found the said minor girl profusely bleeding. In the meantime, accused Raju had already fled from the place of occurrence. These two witnesses brought the minor girl Kanchan to her home. On the basis of the written report (Ex.P-1) lodged by Ram Prasad, father of the prosecutrix-Kanchan








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