RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused appellant, learned Addl. Govt. Advocate for the State and perused the record.

(2.) The present criminal appeal has been preferred against the judgment dtd. 28/2/1994 passed by the Court of learned Sessions Judge, Jhalwar (Rajasthan) [for short 'the learned trial court'] in Sessions Case No.340/1992, whereby the learned trial court convicted the accused appellant for the offence under Sec. 376/511 IPC and sentenced to undergo four years rigorous imprisonment and a fine of Rs.500.00. In default of payment of fine, the accused appellant is to further undergo additional two months simple imprisonment.

(3.) As per the prosecution case, FIR No. 137/1992 (Ex.P2) was got registered at Police Station Khanpur, District Jhalawar for the offences under Sec. 376 and 511 IPC. In the FIR it was alleged that on 1/7/1992 the complainant and her daughter aged about 7 years were taking bath at Nagli river. After taking bath the father of the victim sent the victim along-with accused Ramesh for village and the father of the victim went to in his relation. It is alleged that accused Ramesh on the way to the house sexually assaulted the victim i.e. daughter of the complainant and during that incident, the victim started weeping and then Kanhaiyalal came to the spot and the accused ran away.