MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforementioned appeal has been filed by appellant Madan Lal against his conviction as recorded by the learned Additional Sessions Judge (Fast Track) No. 1, Pali camp at Jaitaran whereby the appellant has been convicted and sentenced as below: <FRM>JUDGEMENT_310_LAWS(RAJ)5_2011_1.html</FRM> Both the sentences have been directed to rum concurrently.

(2.) Briefly stated the facts of the prosecution case are that the prosecutrix Smt. S (PW-1) (hereinafter referred to as "S") filed as written report before the S.H.O. of the Police Station, Raipur on 16.8.2005 at 10.00 p.m. alleging inter alia that on 15.8.2005 in the evening at 6 p.m. she was cutting fodder for the cattle at a distance of 1/4 k.m. away from her Heena crop. At that time, her neighbor Binja Ram came there from the adjoining filed after scaling over the boundary and enquired from the her whether she was cutting grass. On her giving answer an in affirmative, Madan Lal asked for being given some Cucumber to which she refused. After that, Binja Ram went away from her field.

(3.) At that time, Madan Lal, the accused was also breaking "Kakeda" from the boundary fence. After Binja Ram returned back, Madan Lal went to Binja Ram and five minutes later, Madan Lal scaled over the boundary between the fields and started talking to the complainant (the prosecutrix) for cutting of fodder.