KAMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed by the accused-appellant against the judgement dtd. 15/7/1987 passed by learned Additional Sessions Judge No.1, Gangapur City (for brevity-'the learned trial court') in Sessions Case No.13/1986 whereby, he has been convicted and sentenced as under: Sec. 376/511 IPC - 4 years rigorous imprisonment and fine of Rs.500.00; in default whereof to further undergo six months rigorous imprisonment.

(2.) The relevant facts in brief are that the complainant Smt. Kamla submitted a written report (Ex.P3) on 29/10/1985 with the Police Station Gangapur City stating therein that at about 2.00 pm on 28/10/1985 when she had gone to her field to cut grass, the accused attempted to commit rape upon her. It was submitted that when she raised hue and cry, Smt. Chhoti, Smt. Dhan Bai and Prakash came running to rescue her on which the accused fled away.

(3.) The police after investigation filed charge sheet under Sec. 376/511 IPC against the appellant. The learned trial court framed charge under Sec. 376/511 IPC against the appellant who pleaded not guilty and demanded trial.