KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 20-11-1987 passed by the learned Sessions Judge, Pali whereby he convicted the accused-appellant for offence under Section 376 IPC and sentenced him to undergo rigorous imprisonment of three years with fine of Rs. 500/-, in default payment whereof to further undergo one month's simple imprisonment.

(2.) The factual matrix of the case are that a first information report was lodged in a Police Station Kerla", .District Pali on the basis of parcha bayan of one Dhanna S/o Ganesh Ji by caste Gurjar, resident of Chatra Ki Bhakhari, at 10:15 a.m. on 20-7- 1985 who along with his sister Sua aged 12 years appeared before SHO on 20 7-1985. It was alleged that at 12 in the noon of that day his sister Sua had taken their cattle for grazing towards Kharda Dam. She came back to her house at 4.00 p.m. At that time she was crying and her blouse was torn apart. On inquiry she told that while she was with the grazing cattle near Kharda Dam, Kailash S/o Narayan by caste Gurjar came there around 1.30 p.m., he forcibly caught her and forced her to lie down on the ground. He set upon her body and committed rape upon her. She tried to free herself from the clutches of Kailash but he overpowered her and torn her blouse and also rubbed her brest. When Sua raised hue and cry, Teja S/o Sadul by caste Gurjar came there, Kailash run away from there.

(3.) On the basis of said parcha bayan a First Information Report foroffence under Section 376 IPC was registered and investigation commenced. Challan against the accused-appellant was filed for offence under Sections 376 and 354, 342 and 323 IPC. The prosecution examined as many as nine witnesses in support of its case. Number of documents were also exhibited by the prosecution. Upon conclusion of the trial, the learned Sessions Judge, Pali convicted the appellant for offence under Section 376 IPC and sentenced him as afore-stated.