JANAK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by his conviction under Sections 376, 354 & 323 IPC and being sentenced therefor with imprisonment and fine vide the judgment and order dated 17.9.1992 passed by the learned Special Judge -cum- Additional Sessions Judge, Dholpur in Sessions Case No.14/1992, the appellant seeks redress.

(2.) We have heard Mr.S.K.Gupta & Mr.Rahul Sharma, learned for the appellant and Ms.Rekha Madnani, learned Public Prosecutor, Rajasthan.

(3.) The prosecution case has its genesis in a written information laid by the prosecutrix Ramshree with the District Collector, Dholpur on 6.2.1991 alleging that in the midnight of 4/5.2.1991, while she was sleeping with her children, the appellant knocked the door calling her to open the same. As she did not oblige, he kicked open the door, chased her children out of the room and committed sexual intercourse with her forcibly. According to the prosecutrix, as the appellant stuffed a cloth in her mouth, she could not raise alarm. While departing, the appellant threatened her of dire consequences, if she would report about the occurrence. She alleged that when she went to the local police station to make a report, it was not accepted and acted upon.