RAMESH CHAND AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The subject matter of challenge is the judgment and order dated 05.01.1988 passed by the learned District and Sessions Judge, Jhalawar in Sessions Case No.140/1987 convicting the appellants under section 376/511 IPC and sentencing them to suffer rigorous imprisonment for 3 years and pay a fine of Rs.500/-, in default to undergo simple imprisonment for further two months.

(2.) I have heard Mr. Amit Jindal, learned counsel for the appellants as well as Mrs. Alka Bhatnagar, learned Public Prosecutor for the State.

(3.) The prosecution case is traceable to the FIR dated 27.07.1987 lodged by one Mangi Bai daughter of Bherulal alleging that in the evening at about 4-5 PM on the same date while she, Ramesh Chand (Appellant No.1), Shivla (Appellant No.2) and Mohan were grazing cattle in the field of one Rattia Lodha, the appellants lured her into a nearby corn cultivation whereafter both of them gagged her. It was alleged that the appellant No.1 then fell her on the ground and tried to outrage her modesty but as she raised hue and cry, her mother who was also grazing cattle in the nearby field alongwith Mohan rushed to the spot, whereupon the appellants fled from the scene. On this FIR, a police case was registered and on the completion of the investigation, chargesheet was submitted against the appellants under sections 376/511 IPC. The appellants, when confronted with the charge under the said provision of law, denied the same and trial followed.