CHATTAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) CrPC has been preferred by the appellants Chattar Singh and Kan Singh for assailing the judgment dated 18.08.1993 passed by the learned Additional Sessions Judge, Nimbaheda in Sessions Case 9/1992, whereby the appellants have been convicted and sentenced as under :-

(2.) Mr. R.K. Charan, learned counsel representing the appellants, urged that ex facie on going through the statement of the prosecutrix Mst. W (P.W.3) recorded on oath at the trial, it is clear that she did not level any allegation whatsoever that the appellant Kan Singh ever established any kind of physical relations with her or sexually assaulted her. He, thus, urges that the conviction of the appellant Kan Singh for the offence under Section 376 IPC is unsustainable in the eyes of law. He further submits that the incident took place way back in the year 1988. Both the appellants have remained in custody for some duration and as such, even for the offence under Section 366 IPC, the appellants deserve leniency on the aspect of sentence. He prayed that the sentence awarded to the appellant may be reduced to the period already undergone by them.

(3.) Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by the appellant's counsel. Nonetheless, he too is not in a position to dispute the fact that the entire prosecution case is based totally on the statement of the victim Mst. W.