AMAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by his conviction under section 376 IPC and the sentence of seven years' rigorous imprisonment and a fine of Rs.500/-, in default whereof the appellant was required to undergo six months' further rigorous imprisonment vide the judgment and order dated 07.05.1987 passed by the learned Additional Sessions Judge, Jhalawar in Sessions Case No.72/85, this appeal has been preferred.

(2.) I have heard Mr.Rinesh Gupta, learned counsel for the appellant and Mr.J.R.Bijarnia, learned Public Prosecutor for the State.

(3.) The prosecution case is traceable to a written information that was lodged on 23.01.1985 with the officer incharge, Aklera Police Station by Bali bhai, the prosecutrix, alleging that on 21.01.1985 at about 12 noon, while she had herding her cattle in her field, the appellant, who was her cousin brother, also working in the field, finding her alone, committed forcible intercourse with her. It was stated further that she having raised alarm, her brother Ballabh (PW-3), who was also in a nearby field, rushed to the place of occurrence and saw the actual act of coitus. She alleged that due to the force applied on her, her wearing apparel got torn and further wet by the semen of the appellant. It was stated that she having informed her parents about the incident later in the day, the father of the appellant was confronted with the accusation and eventually, it was decided to lodge the information.