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2018 Supreme(Raj) 1225

KANWALJIT SINGH AHLUWALIA
RAHMU KHAN @ RAHAMUDDEN KHAN – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates:
Advocate Appeared:
For the Appellant :V.S. Chauhan, Advocate
For the Respondent:Rahul Tiwari, Advocate, Prakash Thakuria, Public Prosecutor

JUDGMENT :

KANWALJIT SINGH AHLUWALIA, J.

1. Instant appeal is directed against the impugned judgment dated 10.08.2016 rendered by the Court of Additional Sessions Judge, No. 1, Kishangarhbas, Alwar, whereby the appellant was held guilty of offence punishable under Section 376 of the Indian Penal Code.

2. Having convicted the appellant for the above said offence, the ld. trial Judge, vide a separate order of even date, sentenced the appellant to undergo ten years rigorous imprisonment and to pay a fine of Rs. 10,000/- and in default of payment of fine to further undergo one year additional simple imprisonment.

3. In the present case, the criminal proceedings were set into motion on the basis of the written-report (Exhibit-P/1) submitted by the prosecutrix (name withheld to protect her identity).

4. The said written-report (Exhibit-P/1), when translated into English reads as under :-

"To,

The Station House Officer Saheb,

Police Station, Kishangarhbas, Alwar

Subject : Regarding lodging of the report.

Sir,

It is submitted that yesterday i.e. on 26.08.2014 at about 08:30 P.M. I have gone from my house to the jungle to ease myself, then Rahmu son of Shri Sitab Mev, who was already present there, fo



















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