KANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. P.R. Singh Rajawat, learned counsel for the appellant and Ms. Alka Bhatnagar, learned Public Prosecutor for the State of Rajasthan.

(2.) The appellant is aggrieved by the judgment and order dated 07.05.1991 passed by the learned Sessions Judge, Jhalawar in Sessions Case No. 190/89 convicting the appellant under section 376 Penal Code and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs. 100.00, in default to undergo rigorous imprisonment for further 1 month.

(3.) The prosecution case is traceable to a written report laid with the Khanpur Police Station on 27.09.1989 by the prosecutrix Pushpa Bai alleging that on 25.09.1989, while she was working in the field of the appellant as a substitute of her husband, who was employed under him, he (appellant) committed forcible sexual intercourse with her thereat, whereupon she became unconscious. She was thereafter brought home by Badri Lal, who at the relevant time was working in a nearby field and had reached the place of occurrence on hearing her cries. The police registered a case and on completion of the investigation, submitted challan against the appellant under section 376 IPC. He denied the charge and thus, was made to stand trial, in course whereof the prosecution examined the prosecutrix, Badri Lal and Dr.V.K.Sharma, who had medically examined her. The appellant, in course of his statement under section 313 Crimial P.C., stood by his denial of the charge. He was eventually convicted and sentenced as above.