GHISU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred this appeal aggrieved by the impugned judgment and order dated 19.12.1989 passed by the learned Additional Sessions Juge, Nagaur, whereby the appellant has been convicted under Sec. 376 read with Sec. 511 IPC.

(2.) Briefly stated the facts of the case are that an FIR was lodged on 03.07.1987 at around 08:40 a.m. alleging therein that on 02.07.1987, Kamla went to the farm and from the farm, she went to the Bagichi for bringing water. When she was returning with the water pitcher, the present appellant Ghisu Singh stopped her and tried to commit rape upon her. Kamla raised alarm, on which the nearby farm owners came running and the appellant ran away from the place of incident. The appellant was arrested on 03.07.1987.

(3.) After due investigation, the police filed charge-sheet against the appellant. The learned trial court framed charges against the appellant under Sec. 376 read with Sec. 511 IPC. The accused appellant denied the charges, upon which the prosecution examined PW-1 Kamla, PW-2 Umi, PW-3 Sohani, PW-4 Sawta Ram, PW-5 Berisal Singh, PW-6 Mal Singh, PW-7 Nanu Singh, PW-8 Sukharam, PW-9 Boduram, PW-10 Mangeram, PW-11 Dr. Pradeep Parakh, PW-12 Bhanwara Ram and PW-13 Kuljeet Singh. The statement of the accused appellant were recorded under Sec. 313 Crimial P.C. The statements of DW-1 Shivbux Singh, DW-2 Indra Singh and DW-3 Sawaidan were recorded in defence by the accused-appellant. The learned court below vide the impugned judgment, convicted the accused-appellant under Sec. 376 read with Sec. 511 Penal Code and sentenced the appellant for two years imprisonment and fine of RS.500.00 and on non-payment of fine, the appellant was to further undergo imprisonment for three months. Aggrieved by which the present appeal has been preferred by the appellant.