BHANWARA RAM Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) This criminal appeal under Sec. 374(2) Cr.P.C. has been preferred against the judgment and order dtd. 17/5/1993 passed by the learned Additional District and Sessions Judge, Barmer in Sessions Case No.11/92, whereby the accused- appellant was convicted for the offence under Sec. 376 IPC and was sentenced to undergo seven years rigorous imprisonment and a fine of Rs.1000.00, in default of payment of which, he was to undergo further three months simple imprisonment.

(3.) The genesis of the present criminal proceedings lies in a written report lodged by one Bankaram (complainant) on 24/2/1992 before the Police Station, Kotwali Barmer alleging therein that on the preceding day i.e. 23/2/1992, he alongwith his wife (prosecutrix) departed from Dharasar and reached Barmer in the evening at about 07:00 p.m.; from there, both were to reach Dhani Kotda, but due to non-availability of any conveyance, they stayed at the Railway Retiring Room at Barmer.