ISHAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 9.1.1989 passed by the learned Sessions Judge, Churu, whereby, accused appellant - Ishar Ram has been convicted for offence under Sec. 376 Indian Penal Code. and sentenced to ten years' rigorous imprisonment and to pay a fine of Rs. 1,000.00and in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) The charge agamst the accused appellant was that on 7.12.1987 at about 12 noon, he committed rape with Mst. Shingari, aged about seven years in the vicinity of village Padihara, when the prosecutrix was in her hut situated in the field. The report of the incident was lodged by Moola Ram, who is the father of the prosecutrix. Upon this report, police registered the case and commenced investigation. After investigation, the accused appellant was challaned under Sec. 376 Indian Penal Code. in the Court of learned Magistrate, who committed the case to the Court of Sessions. Learned Sessions Judge framed the charge against the accused-appellant under Sec. 376 Indian Penal Code., to which, he pleaded not guilty. Prosecution examined eight witnesses. The statement of the accused appellant was recorded under Sec. 313 Code Criminal Procedure He produced one witness namely Prem Singh as DW-1 in his defence. After hearing, the learned trial Court has convicted the accused appellant as indicated above, against which, this appeal has been preferred.

(3.) I have heard learned counsel for the appellant as well as learned Addl. Public Prosecutor.