TARA CHAND @ TARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section. 374 Criminal Penal Code arises out of the judgment and order dated 17.3.1998 passed by the learned Sessions Judge, Sikar, by which he found the accused-appellant guilty of having committed offence under section 376 Indian Penal Code and accordingly convicted and sentenced him to rigorous imprisonment for 10 years with a fine of Rs. 2,000/-, in default thereof, to further undergo simple imprisonment for six months.

(2.) On 23.5.1997, PW-7 Richpal lodged a written report Ex.P/1 at Police Station Raghunathgarh (Sikar) alleging therein that at about 8.00 a.m. her daughter Sunita had gone to attend the call of nature in 'Kheda' (out side the house), where the accused-appellant forcibly committed rape on her. On her raising hue and cry, two persons namely Bhagirath S/o Natha and Bhagirath S/o Kesha came there, the accused ran away. Bhagirath S/o Natha took her to her house and informed her father of the incident.

(3.) On the above report, police registered a case vide FIR Ex.P/2 and proceeded with the investigation. Police prepared the site plan Ex.P/8 and got the prosecutrix medically examined. Police arrested the accused-appellant and also got him medically examined to find whether he was capable to perform sexual intercourse. Police also seized a Chaddi of the accused which he was wearing at the time of commission of offence.