RAMESH CHANDER @ MAHESH CHANDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Appeal has been filed by the appellant against the judgment dtd. 9/11/1990 passed by learned Sessions Judge, Bhilwara, in Sessions Case No. 45/1990 by which the learned Judge convicted the appellant for offence under Sec. 376 I.P.C. and sentenced him to undergo four years' RI along with fine of Rs.500.00 and in default of payment of fine, to further undergo three months' RI.

(2.) Brief facts of the case are that on 29/1/1989, complainant Badrilal Kogta submitted a written report before PS Banera to the effect that his family members went to attend the marriage ceremony of Bansilal's grandson at Bapu Nagar. In the marriage ceremony, the accused-appellant lied to his daughter Rs.S' about the accident of her brother Satyanarain, which according to him happened near Golden Transport. His daughter went towards Golden Transport, where the appellant alleged to have committed rape upon her. On this report, Police registered a case against the accused appellant for offence under Sec. 376 I.P.C. and started investigation.

(3.) On completion of investigation, police filed challan against the present appellant for offences under Sec. 376 I.P.C. Thereafter, the Trial Court framed the charge against the appellant, who pleaded not guilty and claimed trial.