JAGGA Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgment of learned Additional Sessions Judge, Barmer dated 08.08.1988 whereby, he convicted the accused appellant under Sec. 376 read with 511 Penal Code and Section 457 Penal Code and was sentenced to five years rigorous imprisonment under Sec. 376 Penal Code read with Sec. 511 Penal Code and a fine of Rs. 5000.00, in default to undergo one year's imprisonment. He was sentenced to three years imprisonment under Sec. 457 Penal Code and a fine of Rs. 500.00, in default to undergo six months rigorous imprisonment. Both the sentences were ordered to run concurrently.

(2.) The charge against the accused was that on the intervening night of 1st and 2nd May, 1988, the accused trespassed the house of Padma and attempted to commit rape with her. A report of this incident was lodged by Mst. Padma next day at Police station Dhorimanna.

(3.) After investigation, the police filed the challan. The accused was charged under Sec. 376/511 Penal Code and 457 Penal Code to which he pleaded not guilty. The prosecution examined eight witnesses. The statement of the accused was recorded under Sec. 313 Cr.PC. He produced two witnesses in his defence. After hearing the arguments, the learned trial Judge convicted the accused as above.