HAFIZ KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374 CrPC has been filed challenging the order dtd. 25/4/1990 in Sessions Case No.53/1988 passed by the Additional Sessions Judge, Gangapur City, whereby the appellant has been convicted under Sec. 376 IPC and sentenced to undergo seven years rigorous imprisonment, with fine of Rs.500.00, in default to further undergo six month rigorous imprisonment.

(2.) Briefly stated facts of the case are that on 7/5/1988 FIR was lodged at PS Gangapur City by prosecutrix alleging therein that on 6/5/1988 about 2.00 PM when she went to take water from the well of Bashir, the accused was taking bath, as soon as the prosecutrix took rope and balti for fetching water, the accused caught her hold from back and pushed her in the Guni of the well and started committing offence. When the prosecutrix tried to raise hue and cry the accused put lugri in her mouth and committed offence. After taking water from the well, the prosecutrix went to her house and then went to mother of accused and narrated the incident, thereupon mother of accused asked to take action against the accused. In the night the prosecutrix narrated the incident to her husband and mother-in-law. It was alleged that when they were going to lodge the report the accused met wandering armed with lathi, therefore, did not lodge the report at that time.

(3.) The appellant preferred the instant appeal. Vide order dtd. 18/5/1990 suspended the sentence of the appellant.