BHARAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 4.2.1999 passed by the Special Judge (Dacoity Affected Area) and Additional Sessions Judge, Dholpur, by which he convicted the accused appellant for the offence under Section 376 Indian Penal Code and sentenced him to undergo ten years' rigorous imprisonment with a fine of Rs. 5,000/-, in default of payment of fine, to further undergo one year's rigorous imprisonment.

(2.) Briefly stated the facts of the case are, that on 6.10.1997 Mst. Munni w/o Pappu aged 20 years resident of Mohanpura lodged a written report Ex. P.8, stating therein that while she was cutting grass in her field, accused Bharat Singh came there and made her to fall. When she raised an alarm and scuffled, accused pressed her breasts and bite her cheeks. Thereafter, he put off her 'Dhoti' and corned the blouse and forcibly committed rape on her. On hearing her cries, Baikunthi, wife of Vaniya Kachi, her husband and some others arrived there and saw accused Bharat Singh committing rape. She further alleged that accused also forcibly took away her two golden 'phool besar' of nose and silver ear-rings.

(3.) On the basis of the aforesaid report, the police registered a case for offence under Sections 376 and 379, I.P.C. vide FIR No. 437/97, Ex. P.9 and proceeded to invest gate the case.