RAGHU NATH Vs. STATE

JUDGEMENT

(1.) In 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.) These are two appeals, one being Appeal No.03/1992 and another 169/1992, are preferred on behalf of same accused Raghunath, both against judgment dtd. 18/12/1991 passed by learned Additional Sessions Judge, Bhilwara in Sessions Case No.67/1990 convicting appellant for offence under Ss. 366 & 376 IPC thereby sentencing him to five years' and seven years' rigorous imprisonment with fine stipulation.

(3.) "It is, therefore, prayed that this appeal be allowed. Impugned judgment be set aside and the appellant be acquitted or in the alternative he may be released on probation or in any case the sentences awarded be already reduced to the one already undergone by him as he has already remain in custody for more than one year." Counsel for the appellant has drawn attention of Court to the statement of PW-1 prosecutrix, who is a major lady aged about 20 years. The prosecutrix deposed that she and accused met each other while working as labourer at Bandarmata. The accused proposed to marry prosecutrix. The prosecutrix further deposed that the accused forcibly took her in train to Kota. Therefrom he took her to Tamlau, a place ahead of Rawat Bhata and he continuously maintained sexual relationship with her.