PRAKASH CHAND INDRAWAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Section 374 (2) Cr.P.C. has been preferred by the accused-appellants herein being aggrieved of the judgment dated 1.12.1992 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur in Sessions Case No. 44/90 whereby the appellants were convicted and sentenced as below:--

(2.) Brief facts relevant and essential for the disposal of the appeal are noted hereinbelow:--

(3.) Shri Ravi Bhansali, learned Senior Counsel assisted by Shri Vipul Dharnia, Advocate representing the accused-appellants vehemently and fervently urged that the entire prosecution case is false and fabricated. The prosecutrix was a woman of easy virtue and she implicated the appellants falsely in this case for the purpose of extracting money. When she was examined on oath, she categorically admitted that she had compromised the matter with the co- accused Bhagwatilal after some monetary transaction took place between them and that is why, she gave up her allegations to his extent. He further submitted that the accused were not named in the FIR and their identification by the prosecutrix is tainted because she admitted in her cross-examination that the accused persons were shown to her by the police before the test identification proceedings were held. He thus urges that the appellants too deserve to be acquitted by discarding the testimony of the prosecutrix which is vacillating and unreliable.