BADSHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment and order dated 09.11.1989 passed by the learned Sessions Judge, Kota in Sessions Case No.183/1989 convicting the appellant herein under Section 376/511 IPC and sentencing him to suffer two years' rigorous imprisonment and pay a fine of Rs. 100/-, in default to further undergo 15 days' rigorous imprisonment, constitutes the subject matter of challenge in the instant appeal.

(2.) I have heard Mr.Rinesh Gupta, learned counsel for the appellant and Ms.Rekha Madnani, learned Public Prosecutor, Rajasthan.

(3.) The facts in brief leading to the prosecution of the appellant are that on 26.02.1989, a written report was lodged with the Officer Incharge, Police Station Bhimganj Mandi, Kota by one Devesh Chandra Dube mentioning that on the same day, he had gone out on the rickshaw to earn his livelihood. His wife was also out of the house on some vocation and their minor daughter Baby aged about 6 years was at home. The informant alleged that at about 12 noon, when he returned for lunch, he could hear the subdued cries of his daughter from the nearby shed of the appellant, Badshan, where he used to stay. According to the informant, when he reached the shed of the appellant, he found that the appellant and his daughter Baby, were both naked. The informant stated that on seeing him, his daughter cried out and when inquired, she disclosed to him that she had been molested by him (appellant). As per the report, at that point of time, one Prabhu Lal and Ganpati were present at that place. After retrieving his child, the informant lodged the report.