SANJAY CHATURVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Since both these two appeals have been filed against the common judgment dated 11.12.1987 passed by the trial Court in Criminal Appeal No. 14/1987, hence the arguments have been heard together and they are being decided by this common judgment.

(2.) Vide judgment dated 11.12.1987 passed by Additional Sessions Judge No. 5, Jaipur City in Criminal Case No. 14/1987, the learned trial Court convicted the accused appellants for the offences under Sections 354 and 342 I.P.C. and sentenced them as under:

(3.) Brief facts of the case are that on 15.12.1986 at about 4.00 P.M., Miss Madhubala lodged a written report at Police Station, Brahampuri, in which she stated that on that day when she was going to her house, Vinay Pandey met with at Gator Road and snatched her cycle and put it in a house situated on Gator Road, where Sanjay Chaturvedi was also there. They tried to commit rape upon her. On the basis of that report, the police registered an F.I.R. No. 198/1986 for the offences under Sections 376, 511, 342 and 323 I.P.C. and started investigation. After that the police arrested the accused appellants. After completion of investigation, the police filed a challan against the accused appellants before the Magistrate concerned, who committed the case to the trial Court. The learned trial Court framed charges against the accused appellants for the offences under Sections 366, 354 and 342 I.P.C., who denied for the same and claimed for trial. The prosecution submitted witnesses and exhibited some documents. The statement of the accused appellants were recorded under Sec. 313 Crimial P.C. After hearing both the parties, the learned trial Court convicted the accused appellants vide judgment dated 11.12.1987, as mentioned above.