SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) That the present appeal arises out of the judgment and order dtd. 6/1/1996 passed by the Session Judge, Tonk, by which the appellant-accused was convicted for offence under Sec. 376 IPC and was sentenced to Seven Years Rigorous Imprisonment and a fine of Rs.500.00, and in default of payment of fine to undergo three months Rigorous Imprisonment.

(2.) The factual matrix of the case is that on 17/3/1995, a complaint was made by Jagdish, Exhibit P-1, at Police Station Bharoni stating that his daughter had gone to Govinda's well to fetch fodder for buffaloes at about 8.00 AM in the morning, and after one hour she returned home crying, stating that Suresh raped her. When she raised an alarm, Kajodmal, Prahlad and Seetaram came to the spot, and on seeing them, Suresh fled from the scene. Suresh slapped her, and in the struggle her chain also broke and fell somewhere. On this complaint, an F.I.R No. 32/1995 was registered at Police Station Bharoni, District Tonk, under Ss. 376 and 325 IPC. In the police proceedings, it was observed that there was swelling on the lips of the prosecutrix and slight bruises on the elbow; further, she complained of pain in both thighs and her back. After investigation, the charge-sheet was filed against the appellant-accused in the Court.

(3.) Learned Sessions Court framed charges under Sec. 376 IPC. The prosecution examined 10 witnesses and exhibited 12 documents to prove its case. The statement of the accused under Sec. 313 Cr.P.C. was recorded, and the accused denied the prosecution case. In defence, two witnesses were examined by the learned Trial Court. After examining the evidence on record, vide judgment and order dtd. 6/1/1996, the learned Trial Court convicted the accused under Sec. 376 IPC and sentenced him to seven years Rigorous Imprisonment and a fine of Rs.200.00, and in default of payment of fine to undergo three months Rigorous Imprisonment.