STATE OF RAJASTHAN Vs. BHEKAM CHAND

JUDGEMENT

(1.) The present appeal has been preferred against the judgment dtd. 25/7/1998 rendered by the learned Addl. District & Sessions Judge No.3, Jodhpur in Sessions Case No. 8/1998, whereby the respondent-accused has been acquitted of the charge under Sec. 376 of the IPC.

(2.) I have heard the learned Dy. Government Advocate for the State at length; none has appeared on behalf of the respondent-accused. The impugned judgment, along with the entire record of the case, has been carefully perused and examined in its entirety.

(3.) The prosecution case, in a concise compass, originates from a written report submitted on 11/11/1997 at about 10:30 AM by the complainant Ramesh Chandra Acharya, alleging that during the intervening night, when he had gone to attend a marriage ceremony, the accused forcibly entered his house and allegedly committed rape upon his wife, Smt. Santosh. It was alleged that upon returning early in the morning, the complainant found his wife missing and subsequently encountered her on the way, whereupon she disclosed that the accused had forcibly taken her near a dairy cabin and committed sexual assault, coupled with threats to her life.