STATE OF RAJASTHAN Vs. BHANWAR SINGH

JUDGEMENT

(1.) The respondents herein were charged with commission of an offence u/s. 342 and u/s. 376 of the Indian penal code. They were sentenced to undergo three months' rigorous imprisonment and to pay a fine of Rs. 500.00 for the offence u/s. 342 and two years' rigorous imprisonment and fine of Rs. 500.00 for the offence u/s. 376 of the Indian penal code.

(2.) The prosecution case briefly put was: On 13.8.1979, in the evening, Bhanwar Singh, Respondent 1 herein (since deceased) had sent a boy named Gopia to the prosecutrix herein. She was asked to visit Respondent 1 on the pretence that he was having fever and injection was required to be given. Respondent 1 was himself a physician. From the prosecution case, it appears that both the respondents committed the alleged offence. Having regard to the order proposed to be passed by us, we need not deal with the matter in detail. Suffice it to say that the trial court opined:

(3.) The learned trial Judge believed the prosecution case and in particular the evidence of the prosecutrix. The learned trial Judge also opined that the statement of the prosecutrix has been corroborated in material particulars by other materials brought on record. The High Court, however, by reason of the impugned judgement did not meet any of the reasonings of the learned trial Judge. It held: