PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed against the judgment dated 25.2.1984 by the learned Sessions Judge, Sikar whereby the accused appellant Phool Singh was found guilty Under Section 376 of the I.P.C. and was awarded 3 years rigorous imprisonment and a fine of Rs. 2000/ - for the said offence. For non -payment of fine he was ordered to undergo six months rigorous "imprisonment. Rs. 1500/ - were ordered to be paid to the prosecutrix P.W. -4 Smt. Nathi after the amount of fine was deposited by the appellant.

(2.) THE facts of the case are few and can be stated briefly.

(3.) I have heard the learned Public Prosecutor for the State and the learned Counsel for the appellant and I find that it is difficult to agree with the conclusions drawn by the learned trial court and the appeal requires to be accepted.