SHEO KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Additions Seasons Judge, Churu, dated 25 -5 -73 by which he convicted the appellant Sheo Karan under Section 376 IPC and sentenced him to rigorous imprisonment for seven years and to a fine of Rs. 200/ - in default whereof to simple imprisonment for one month.

(2.) I have heard arguments and perused the record. The facts of the prosecution case are that on 24 -6 -72 at about 10 a.m. in the Rohit of village 'Kandran' within police station, Churu Neemli PW 1 daughter of Raju Ram aged 8 years had pone to the pasture area as usual to graze her goat She was accompanied by other two children, namely, Khyali PW 2 and Kamli PW. The accused shoe Karan came and threatened the children. He carried away Neemli and ravished her. Her brothers Ram Kumar and Ram Karan went in search of the children and found that Neemli was lying unconscious in the Rohit . Sheo Karan magaged to escape. A group of villagers went in chese. He was apprehended and taken to the police station where Raju Ram father of the girl lodged the FIR. Ex. P2.

(3.) IT was not possible for the medical officer to give definite opinion as to whether Sheo Karan had committed any rape or not.