BALKAR SINGH Vs. STATE

JUDGEMENT

(1.) APPELLANT has been convicted and sentenced to seven years imprisonment and a fine of Rs. 10,000/ - and in default thereof, to further simple imprisonment of two years under Section 376 RPC and to one years imprisonment and a fine of Rs. 1000/ - and in default thereof to five months imprisonment under Section 448 RPC, by learned 1st Additional Sessions Judge Jammu, vide his judgment and order of April 23, 2003 and May 12, 2003 respectively.

(2.) HE has appealed to this Court against the sentence awarded to him by the trial Court.

(3.) THE prosecution case, as it emerges from FIR no. 1 of 2000 registered at Police Station Bishnah on prosecutrixs report of January 5, 2000 at about 13.45 hours is, that prosecutrixs husband was out in connection with his private employment and she was busy with her household work when at about 6 p.m, the appellant, without her permission, entered her room, forcibly laid her on a cot lying in the room, broke off her trouser knot and committed sexual intercourse with her against her consent. Noise raised by her could not be heard by anyone because the houses in the locality are situated at a distance from her house. When, after committing sexual intercourse, the appellant tried to run away, she had tried to catch hold of him but could succeed only in getting hold of his shawl which he was carrying. Because her husband was not at home, so she could not lodge report in the Police Station on the day of occurrence itself.