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2009 Supreme(Raj) 2565

NARENDRA KUMAR JAIN, RAGHUVENDRA S.RATHORE
Rafiq Mohammed – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the accused-Appellant:Sunil Tyagi, Advocate.
For the State:J.R. Birjaniya, Advocate.

JUDGMENT

1. - The accused appellant has preferred this appeal under Section 374(2) Cr.P.c. challenging the judgment dated 05.04.2002 passed by learned Additional District and Sessions Judge (Fast Track) No.1, Bundi, whereby he has been convicted for the offence under Section 302 IPC and sentenced to life imprisonment and a fine of Rs. 1,000/-, in default, to further undergo two months rigorous imprisonment.

2. The prosecution case was initiated on a Parcha Bayan (Ex.P-11) of Kumari Maya recorded on 22.03.1997 at Government Hospital, Lakheri by Kailash Chand Sharma, SHO (PW-17). It was on the basis of the said Parcha Bayan that a First Information Report (65/1997) was registered by Hafeez Mohammed, ASI (PW-14) at Police Station, Lakheri, District Bundi for the offences under Sections 307, 452 and 509 IPC.In the said Parcha Bayan, it was stated by Kumari Maya that on 22.03.1997, at about 10 O'Clock, she was alone at her residence. Her father had gone to the shop and mother had taken the goats out for grazing. At that time, the accused Rafeeq Mohammed came and after having caught hold of her, wanted to have sexual intercourse forcefully. When she resisted the accused, he pored kerosene



























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