SUWALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant impugns the judgment dtd. 3/7/1991, passed by the Sessions Judge, Tonk in Sessions Case No.20/1991 by which he has been convicted under Sec. 376/511 IPC and sentenced to undergo 3 years and 6 months of rigorous imprisonment with a fine of Rs.100.00 and in default thereof to undergo 3 months simple imprisonment. Factual matrix of the case:

(2.) Brief facts of the case are that on 9/3/1991, the Complainant-Juwara (PW-3) lodged a complaint (Ex.P2) at the Police Station, Todaraisingh, District Tonk, alleging therein that his grand-daughter "D" aged about 6 years was drinking water at the Pyau (Water Booth) near Dharamshala, where the accused came around 8:00 PM in the evening and forcefully took her into Dharamshala with an intention to commit rape on her. When the girl raised hue and cry, the villagers arrived and rescued her, otherwise the accused might have had committed rape on her. Upon this report, a Crime Report No.40/1991 (Ex.P3) was registered at the Police Station, Todaraisingh, District Tonk, for the offence punishable under Sec. 376/511 IPC. After investigation, charge sheet was submitted against the appellant for the above offence, and thereafter the Trial Court framed charges against the appellant for the above offence, wherein the appellant pleaded not guilty and claimed trial.

(3.) During the course of trial, the prosecution examined as many as 7 witnesses and exhibited 5 documents. Thereafter the statements of the appellant were recorded under Sec. 313 Cr.P.C.