SHYAMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant is aggrieved by the judgment dated 05.05.2007 passed by the Sessions Judge (Fast Track) Banswara, whereby the learned Judge has convicted the accused for offences under Sections 451, 354 IPC. For the former offence, he has been sentenced to two years of simple imprisonment, imposed with a fine of Rs.1,000/- and further directed to undergo one month of simple imprisonment in default thereof. For the latter offence, the appellant has been sentenced to two years of simple imprisonment, imposed with a fine of Rs.1,000/- and further directed to undergo one month of simple imprisonment in default thereof.

(2.) In a nutshell, the facts of the case are that on 03.11.2006, Smt. Sugana (P.W.1) filed a report (Ex.P/1) before the police wherein she claimed that at night, she was sleeping with her nine months old child in her hut along with her nine months child. Around 3:00 AM, a man entered her room, lifted her Ghaghra and tried to commit rape upon her. She caught hold of his hair, and shouted for help. Hearing her hue and cry, he elder brother, Gautam and her neighbour, also named Gautam, ran into her room in order to rescue her. Both of them caught hold of the appellant. There was a small lamp under her cot. It was list. The people in the room recognized the intruder as Shyama, the appellant. They tied him. They took the appellant to the police station and handed him over to the police. On the basis of this report, a formal FIR, FIR No.131/2007, was chalked out for offences under Sections 376/511, and 450 IPC. Subsequently, a charge-sheet was filed against the appellant for offences under Sections 354, 376/511 and 400 IPC.

(3.) In order to buttress its case, the prosecution examined eight witnesses, and submitted six documents.