TANSUKH ALIAS TOOFAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The subject matter of challenge in the instant appeal is the judgment and order dated 31.1.1991 passed by the learned Sessions Judge, Sikar in Sessions Case No.21/90 convicting the appellant under Section 376 IPC and sentencing him to undergo imprisonment for three years and to pay a fine of Rs.500/-, in default, to suffer further imprisonment of three months.

(2.) We have heard Mr.V.P.Bishnoi, learned counsel for the appellant and Ms.Alka Bhatnagar, learned Public Prosecutor, Rajasthan.

(3.) On 1.4.1990, a written information was lodged at about 7:30 p.m. with the Police Station, Khatu Shyamji by one Bal Kishan alleging that on the previous day i.e.31.3.1990, at about 11:30 a.m., his minor daughter Santosh aged about 8 years was forcibly raped by the appellant. It was stated that while the victim had been to her agricultural field, and on hearing her cries Smt.Mooli and Smt.Chauthi reached the spot and saw the appellant committing the offending act, whereupon she (victim) was rescued. On the first information report, the police registered a case, started investigation and on the completion thereof, submitted challan against the appellant under Section 376 IPC. He denied the charge. In the trial that followed, the prosecution examined several witnesses, including the prosecutrix, her parents, Smt.Mooli and Smt.Chauthi as well as the doctor who had medically examined the prosecutrix. The appellant stood by his denial of the charge in course of his statement under Section 313 Cr.P.C. He however, was convicted and sentenced as above.