LAXMAN DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant against the judgment and order dated 4-12-2000 passed by the learned Addl. Sessions Judge, Barmer in Sessions Case No. 27/99, by which he acquitted the accused appellant of the charges for the offence under Sections 342, 323, I.P.C., but convicted him for the offence under Section 376, IPC and sentenced him to undergo seven years RI and to pay fine of Rs. 2,000/-, in default of payment of fine, to further undergo RI for three months.

(2.) It arises in the following circumstances:-

(3.) That though other witnesses including PW5 Varju, mother of the prosecutrix, PW6 Durgaram, real brother of the prosecutrix and other independent witnesses, namely, PW1 Motiram, PW2 Kesharam and PW3 Bhera do not support the statement of the prosecutrix PW4 Mangi, yet the statement of the prosecutrix PW4 Mangi gets corroboration from her medical report.