REKHA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant stood convicted u/s 376 IPC by the learned Sessions Judge, Balotra, in Sessions Case No 34/78 and was sentenced to two years R. I. and a fine of Rs. 500/- In default of payment of fine the appellant was further required to undergo three months R. I.

(2.) THE prosecution case, as given out in the report Ex. D/l, is that in the afternoon of 12. 9. 77 Mst. Premi was returning to her house from the field after handing over the meals to his brother Jetha. It is alleged that the accused Rekha Ram caught hold of her in the way and committed sexual intercourse without her consent. THE prosecution case further is that P. W. 4 Labu and P. W. 5 Mukna heard the noise of Mst. Premi and they rebuked the appellant.

(3.) ON the other hand, the learned Public Prosecutor supports the findings as well as the judgment of the learned trial court and contends that the report Ex. P/6 given by Dr. Dilip Sankhla is conclusive to prove that the age of Mst. Premi was below 16 years at the time of the occurrence and even though it may be a case of consent; but for the age of Mst. Premi being less than 16 years of age the offence u/s 376 IPC is clearly made out against the accused.