RAMDEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BEING aggrieved by the judgment and order dated 29.11.1989 passed by the learned Additional District & Sessions Judge, Bundi in Sessions Case No. 60/1982 convicting the appellant, under sections 376 & 323 IPC and sentencing to undergo rigorous imprisonment and pay fine as referred to herein, he (appellant) is in appeal for redress.

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

(3.) THE prosecution case is traceable to a written report lodged on 23.01.1987 at 6.00 p.m. by the prosecutrix Smt. Manbhar with the Police Station, Dei alleging that while she, alongwith her sister -in -law, Smt.Ram Bharosi, had been cutting wood in the nearby Jungle, the appellant came there, caught her from behind, bit her on her cheek, fell her on the ground and committed forcible sexual intercourse with her. It was alleged that she having raised alarm, her sister -in -law who was nearby rushed to the place of occurrence. The prosecutrix mentioned further that as she disclosed in presence of the appellant that she would narrate this incident to his family members, he (appellant) inserted the handle of the axe which she was carrying to cut woods in her vagina, for which she suffered bleeding injuries.