SHIV PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The correctness of the judgment dtd. 18/12/1991 passed by the Additional Sessions Judge No. 2, Baran (hereinafter referred as "the trial Judge") in Sessions Case No. 71/1990 is questioned in this appeal.

(2.) By passing the impugned judgment dtd. 18/12/1991, the learned trial Judge has convicted the accused-appellant (hereinafter referred as "appellant") for the offence under Sec. 376 IPC read with Sec. 511 IPC and sentenced him to undergo five years rigorous imprisonment (for short "RI") with a fine of Rs.500.00 and in default of payment of fine to further undergo six months simple imprisonment (for short "SI").

(3.) The facts leading to the present appeal are as follows:-