MADAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing of this appeal, validity of impugned judgment dtd. 24/6/1991 passed by the Sessions Judge, Jaipur District in Sessions Case No.92/1989 has been questioned.

(2.) By passing the impugned judgment, the appellants have been convicted for the offence under Sec. 376 IPC and they have been sentenced to undergo 10 years rigorous imprisonment (for short 'RI') with fine of Rs.500.00 each and in default of payment of fine to further undergo one month's additional RI. They have also been convicted for the offence under 447 IPC and sentenced to undergo three months RI.Both the sentences were ordered to run concurrently.

(3.) Brief facts of the prosecution case are that a written report (Ex.P1) was given by PW-1 "S" with Police Station Chaksu, District Jaipur on 23/5/1989 alleging therein that her husband Ramlal went to answer the nature's call when she was sleeping and that time three persons arrived and one accused person closed her mouth and other accused person caught hold her hands and legs and took her to other house, where they threw her on the ground and one accused closed her mouth and the other one caught hold her hands and thereafter, they committed rape with her one by one.