RAMJI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE aforesaid appeals are being decided by this common judgment as the both arise out of the same judgment dtd. 5. 12. 2001 passed by the learned Additional Sessions Judge, Nohar whereby he while acquitting the accused Ramji Lal for offence under Section 376 (1) IPC, has convicted him for offence under Sections 354, 323 and 342 IPC.

(2.) BRIEF facts of the case are that on 11. 10. 2001 PW. 5 Nathu Ram lodged a typed report at the Police Station, Bhadra alleging inter alia that on 10. 10. 2000 at about 11. 30 a. m. , his daughter- in-law Smt. Maya Devi (PW. 1) (hereinafter referred to as the prosecutrix) was coming to the house. When she reached in front of house of Ramji Lal, he took the prosecutrix inside his house forcibly and closed the door from inside. He tried to commit forcible intercourse, on which the prosecutrix raised hue and cry. On raising hue and cry by the prosecutrix, the complainant threatened him to kill her by making her to drink poison. On hearing hue and cry, Banwari Lal and Saroj Devi came there. The other neighbourers also collected there and saved the prosecutrix. In this scuffle, the bangles of the prosecutrix broke. He also received abrasions in his hands.

(3.) AT the conclusion of trial, the learned trial Court, vide judgment and order dtd. 5. 12. 2001, while acquitting the accused Ramji Lal for offence under Section 376 (1) IPC convicted him for offences under Sections 354, 323, and 342 IPC.