JAGDISH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The subject matter of challenge in the instant appeal is the judgment and order dated 6.5.1988 passed by the learned Sessions Judge, Tonk in Sessions Case No.61/87 convicting the appellant under Section 376 IPC and sentencing him to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/-, in default, to suffer rigorous imprisonment for further one month.

(2.) I have heard Mr.Himanshu Sharma, learned Amicus Curiae for the appellant and Ms.Rekha Madnani, learned Public Prosecutor for the respondent-State.

(3.) A written report was lodged with Police Station, Dooni, District Tonk on 27.5.1987 by Manni, the prosecutrix alleging that on the previous day i.e.26.5.1987 at 9:00 a.m., while she was going to the fields to assist her aunt Nandu, the appellant intercepted her on the way, fell her on the ground and committed forcible sexual intercourse with her. She alleged that when she raised alarm, her brother Nanda, her aunt Nandu and her uncle Narayan rushed to the place of occurrence, and separated the appellant from her, whereafter he fled therefrom. She disclosed in the report that in the process, her glass bangles broke. On this report, the police registered a case against the appellant, and eventually, submitted a charge-sheet under Section 376 IPC. When confronted therewith, he denied the allegation, and therefore, was made to stand trial. At the trial, the prosecution examined the prosecutrix, Manni, her brother Nanda, her aunt Nandu, Dr.Rajendra Patni, who had medically examined the prosecutrix, and others. In his statement under Section 313 Cr.P.C, he denied the imputation and alleged that he had been falsely implicated. The learned trial court convicted and sentenced him, as above.