MAHAVEER ALIAS KRISHNA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Mahaveer alias Krishna has been convicted by the learned Additional Sessions Judge, Nohar under Sec. 376 Indian Penal Code and sentenced to undergo rigorous imprisonment for five years and pay a fine of Rs. 5,000.00; in default further rigorous imprisonment for one year.

(2.) Smt. Banarasi lodged First Information Report (Ex. P/3) in the Police Station, Nohar on 5.8.1994 stating therein that at 4 p.m. she had gone to ease herself on the sand dune and when she was returning accused Krishna caught hold of her from behind, pulled and broke the string of her Salwar, flung her on the ground and committed rape on her and when she made cries for help, her uncle-in-law Hetram reached there and seeing him the accused ran away. On this report, a case under Sec. 376 Penal Code was registered. After usual investigation, challan was submitted. Accused appellant denied having committed any offence. The prosecution examined PW 1 Dr. Chandra Kumar, PW 2 Banarasi, PW 3 Bhadar Ram, PW 4 Anop Singh, PW 5 Gopalaram, PW 6 Randhir Singh, PW 7 Santosh, and PW 8 Het Ram. Accused in his statement under Sec. 313, Crimial P.C. stated that the witnesses have given false statements because Hetram owed some money to his father and when he asked him to return the money and caught hold him by his neck, he made false case against him. The learned Additional Sessions Judge after hearing the parties found the charge established against the appellant and convicted and sentenced him as above.

(3.) Arguments of learned counsel for the appellant and the learned Public Prosecutor have been heard.