(1.) BEING aggrieved by the judgment and order dated 12.01.1988 passed by the learned District and Sessions Judge, Jhalawar in Sessions Case No.190/86 convicting the appellant under Section 376 IPC and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.1,000/ -, in default to undergo rigorous imprisonment for further four months, he is in appeal seeking redress.
(2.) I have heard Mr.Rinesh Gupta, learned counsel for the appellant and Mr.Bhramanand Sandu, learned Public Prosecutor, Rajasthan.
(3.) THE Police registered a case under Section 376 IPC against the appellant and on completion of the investigation, submitted chargesheet against the him under the said provision of law. The charge was also framed, accordingly to which, the appellant pleaded "not guilty". At the trial, the prosecution examined several witnesses including the prosecutrix, her husband, her father -in -law alongwith the doctor, who had medically examined her. The appellant, in course of his statement under Section 313 Cr.P.C., reiterated his denial and instead alleged that he had been falsely implicated as there was standing dispute between the two families with regard to a plot of land in his possession. By the impugned judgment and order, however, the learned court below convicted and sentenced the appellant as above.