ONKAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of the judgment of the learned Additional Sessions Judge. Baran dated 7 -1 -72.

(2.) I have heard the argument and perused the record.

(3.) AFTER medical examination and conclusion of the investigation Onkar and Prabbu were challenged under Section 366 and 376 I.P.C. The learned Magistrate committed them for trial to the court of sessions, where Prabhu was acquitted of both the charges because the learned judge found that the charges were net proved beyond all manner of reasonable doubt He also acquitted Onkar accused of an offence under Section 376 I.P.C. but. be convicted appellants Onkar under Section 363 I.P.C. and sentenced him to rigorous imprisonment for three years and to a fine of Rs. 500/ -. in default whereof to rigorous imprisonment for six months. Hence, this appeal by Onkar.