MADAN LAL S/O SHRI SITA RAM, BY CASTE CHAMAR, RESIDENT OF VILLAGE SARAVA, POLICE STATION JHALRAPATAN, DISTRICT JHALAWARA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has arisen out of judgment dated 18.7.1995 passed by learned Additional Sessions Judge, Jhalawar, in Sessions Case No.139/1994, whereby appellant has been convicted and sentenced as follows : <FRM>JUDGEMENT_29_LAWS(RAJ)10_2016.html</FRM> All the sentences were ordered to run concurrently.

(2.) Brief facts giving rise to the appeal are that on 28.3.1993 prosecutrix Nandu Bai Meghwal (PW-4) submitted a complaint (Ex.P-5) against appellant Madan Lal before learned Additional Munsif and Judicial Magistrate Jhalawar alleging inter alia that on 21.8.1993 at about 4.00 PM, she had gone to agricultural field along with her father-in-law, Narayan and brother-in-law, Bhagwan. Narayan and Bhagwan were sitting near the well situated in the field, whereas complainant went into the field, having crop of Maize of height about 6-7 foot, to pluck Chawla legumes grown within the field. When she was plucking the legumes, appellant Madan Lal came there suddenly, caught and laid her down, torn her blouse and started pressing the breast. He lifted her Ghagra (petticoat) to commit rape. He put off his shirt and tried to rape. Complainant started crying loudly, whereupon Kalu Singh, Bhagwan and Narayan came there. On seeing them, appellant fled away leaving his shirt behind. She told the whole incident to Narayan and Bhagwan. Her husband was out of village on that day. In the evening, the appellant came to her house and threatened her and her family members that if they reported to police, he would kill them and raze the quarter situated near well. On receiving the complaint (Ex.P-5), under Sec. 156(3) Cr.P.C SHO, Police Station Jhalrapatan registered a formal FIR No.210/1993. During investigation, blouse of proscutrix and shirt of appellant were seized. Appellant was arrested and subjected to the medical examination for potency. Revenue record of the agricultural field was obtained. After due investigation, charge-sheet was filed before learned Additional Munsif and Judicial Magistrate, Jhalawar.

(3.) On commitment, learned trial court framed charges for offences u/s 447, 506 and 376/511 IPC. The accused appellant denied the charges and claimed for trial. Prosecution examined 11 witnesses and exhibited 12 documents. Statement of accused was recorded u/s 313 Crimial P.C. He stated the evidence adduced by prosecution to be wrong and false. No evidence was adduced on behalf of defence. After hearing both the parties, learned trial court vide judgment impugned acquitted the accused appellant from charge for offence u/s 506 Penal Code and convicted for the offences u/s 447 and 376/511 Penal Code and sentenced as stated herein above.