BHERU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under section 374 (2) of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the judgment and order dated 03.12.2004 passed by the Sessions Judge, Pratapgarh, district Chittorgarh (for short, "the trial Court") in Sessions Case No. 86/2004, whereby the trial Court convicted the appellant for the offences under Sections 376 (1), 451 and 323, I.P.C. and sentenced him to seven years rigorous imprisonment and a fine of Rs. 10,000/-, in default of payment of fine further to undergo six months simple imprisonment for the offence under Section 376, (1) I.P.C., one year's simple imprisonment and a fine of Rs. 2000/- in default of payment of fine further to undergo one month's simple imprisonment for the offence under Section 451 I.P.C., and six months simple imprisonment for the. offence under Section 323 I.P.C. All the sentences were directed to run concurrently. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.

(2.) Briefly stated, the facts of the case, to the extent they are relevant and necessary for the decision of this appeal, are that PW. 6, the prosecutrix aged about 20 years,, .on 03.03.2004 filed a complaint Exhibit P-4 before the Judicial Magistrate, Pratapgarh against the appellant inter alia alleging therein that on 19.02.2004, she was all alone in her house as her husband and mother-in-law had gone to the field and father-in-law had gone to Mohida. At about 4:00 PM, the appellant came to her house, asked about other family members and finding the prosecutrix all alone in the house, caught hold her hand, fell her on the ground, sat on her chest, threatened her not to raise cry and thereafter, committed rape on her. It was also alleged that PW. 11 Shyamu Bai came there and thereafter the appellant ran away. It was alleged that PW. 11 Shyamu Bai and PW. 3 Shiva saw the appellant running. The said complaint was sent to the police for investigation under Section 156 (3) of the Code. The police registered a crime report on receipt of the said complaint against the appellant for the offences under Sections 323, 452 and 376, I.P.C. vide Chak FIR Exhibit P-13 and the investigation ensued. After usual investigation, the police filed Challan against the appellant for the offences noticed above. The trial Court framed charges against the appellants for the offences under Sections 323, 451 and 376 (1), I.P.C., on which the appellant denied the charges and sought trial. The prosecution adduced evidence by producing 13 witnesses and the documents Exhibit P-1 to Exhibit P-16. The appellant made statement under Section 313 of the Code and denied the allegations. On appreciation of the evidence, the trial Court, vide judgment and order impugned, convicted and sentenced the appellant as noticed above. Hence, this appeal.

(3.) I have heard learned Counsel for the appellant and the Public Prosecutor for the State. Carefully perused the judgment and order impugned, as also the record of the trial Court.