OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant criminal appeal, the appellant has assailed the judgment dated Dec. 3, 1997 passed by learned Additional Sessions Judge, Jhunjhunu in Sessions Case No. 31/97 (110/97) whereby the appellant was convicted under Sec. 376/511 Penal Code and sentenced to undergo three years Rigorous Imprisonment and fine of Rs. 2,500.00, in default to further suffer three months simple imprisonment.

(2.) As per the prosecution story, the appellant on read with prosecutrix Tasleem in a temple and commuted rape on her Charge sheet was filed against the appellant and the case came up for trial before the learned Additional Sessions Judge, Jhunjhunu. The appellant denied the charge under Sec. 376 Penal Code framed against him and claimed trial. The prosecution in support of his case examined as many as 15 witnesses. In the explanation under Sec. 313 Crimial P.C. the appellant claimed innocence but no witness in defence was examined by him. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) I have heard the submissions advanced before me and scanned the material on record.