STATE OF RAJASTHAN Vs. SYONARAIN

JUDGEMENT

(1.) This State appeal is directed against the judgment of the Additional Chief Judicial Magistrate, Sri Ganganagar dated 8.5.1991 acquitting the accused respondent for offence under section 377 IPC.

(2.) Briefly stated the prosecution case is that on 18.8.1986 Mamraj has submitted a written complaint before the Superintendent of Police, Sri Ganganagar stating inter alia that his nephew Bheemraj was staying with him for last three years. It is alleged that on last Thursday when Bheemraj was in the field of Darshan Singh, Ram Chand and Syonarain lifted him and took to another field. It is also alleged that Syonarain committed unnatural offence with him. On this information, police registered a case for offence under section 377 Penal Code and proceeded with investigation. After usual investigation, police laid charge-sheet against the respondent for offence under section 377 IPC.

(3.) The accused respondent pleaded not guilty and claimed trial. The prosecution in support of the case examined 9 witnesses. The accused respondent in statement under section 313 Crimial P.C. denied the correctness of the prosecution evidence appearing against him. The trial Court found that FIR was lodged after five days and further that statement of Bheemraj do not find corroboration with the medical evidence. Accordingly, the trial Court acquitted the accused respondent for offence under section 377 IPC.