KISHAN GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In challenge is the judgment and order dated 19.10.1991 passed by the learned Sessions Judge, Bundi in Sessions Case No.95/1989 convicting the appellant under section 376 IPC and sentencing him to suffer rigorous imprisonment for seven years and pay a fine of Rs.1000/-, in default whereof to undergo six months' further rigorous imprisonment.

(2.) I have heard Ms.Alankrita Sharma, learned counsel for the appellant and Mr.J.R.Bijarnia, learned Public Prosecutor for the State of Rajasthan.

(3.) On 20.05.1989 one Manju wife of Girraj lodged a written report with the officer incharge, Bundi Police Station alleging that at about 4.00 PM, while she was returning from the Jungle after collecting dry cowdung, the appellant suddenly appeared at the scene, caught hold of her, dragged her to a nearby pit, felled her thereat and committed rape on her. It was alleged that as a result, her wearing apparel got soiled and her Sari & blouse were torn and she also received injuries on various parts of her body. The prosecutrix stated that as she shouted for help, the appellant gagged her. Eventually the written information was lodged on the next day. Acting on the written information, the police registered a case and following investigation, chargesheet was laid against the appellant under section 376 IPC. He having denied the charge, was made to stand trial in course whereof the prosecution examined the victim Manju Bai (PW-1), her sister-in-law Geeta (PW-2), her husband Girraj (PW-3), Dr.Vijay Bhatia (PW-5), who medically examined her apart from the Investigating Officer. The appellant was examined under section 313 Cr.P.C., in course whereof he denied the charge. He also examined one witness in defence i.e. Devi Lal. The learned trial court, however, by the impugned judgment and order convicted and sentenced the appellant as above.