RAJU @ RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this Jail Appeal, the accused-appellant has challenged the judgment and order dated 5.3.1998 passed by the learned Sessions Judge, Sawaimadhopur, by which he has convicted the accused-appellant under Sections 376/511 and 342, IPC and sentenced him to undergo 3 years' rigorous imprisonment with a fine of Rs. 500/-, in default thereof, to further undergo 2 months' simple imprisonment on the first count and 3 months' simple imprisonment with a fine of Rs. 500/-, in default of payment of fine, to further undergo 2 months' simple imprisonment on the second count.

(2.) I have heard learned Counsel for the accused-appellant and learned Public Prosecutor and perused the judgment and t to evidence on record.

(3.) The prosecution case, in brief, is that the accused-appellant attempted to commit rape on a girl named Sabana, aged about 13 years, who used to earn the means of livelihood by begging at the Railway Stations. On the parchabayan (Ex. P.1) of the prosecutrix, the police registered a case against the appellant for offence under Sections 376,342 and 323, I.P.C. During investigation, Shri Hari Singh ASI, Investigating Officer (PW 6) prepared the site plan (Ex. P.2)got the prosecutrix medically examined and arrested the accused- appellant vide arrest memo (Ex. P.10) and after completion of necessary formalities, submitted challan in the Court of learned Chief Judicial Magistrate, who in turn, committed the case to the Court of Sessions.