PRAKASH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal under section 374(2) Cr.RC. from the judgment and order dated May 23, 1995 whereby the learned Sessions Judge, Sawai Madhopur convicted the appellants of the offence under section 576/511 Penal Code and sentenced each of them to suffer rigorous imprisonment for four years and also to pay a fine of rupees two thousand (Rs. 2000.00) each.

(2.) Briefly stated the relevant facts are that on May 22, 1991 at 1.00 A.M. PW 1 Moti Gujar of village Bhanpur under Police Station Khandar in Sawai Madhopur Distt lodged a written report Ex.P2 with the said Police Station alleging therein that in the day Smt. Kanta PW 4, Smt. Sita PW 5, Smt. Rampali PW 6 and Smt. Naini PW 7, after having finished their works at the well, had gone to take bath in Banas river, flowing near by, that when they had taken bath at about 2.00 or 3.00 PM. both the appellants reached there, caught hold of Smt. Kanta and Smt. Sita, made then lie on the sand, uplifted their ghaghra, and thus tried to commit rape on them, that the two girls raised alarms which attracted him and PW 2 Pooniya, PW 8 Ram Charan and PW 9 Dhaniya, besides several others, to the place of occurrence and they managed to save the honour and dignity of the ladies. On the basis of this report crime No.98 of 1991 under section 376/511 I.PC was registered against both the appellants. Presence of injuries on the persons of PW 4 Smt. Kanta and PW 3 Smt. Sita were confirmed by PW 5 Dr. Pritam Chand Gupta. Both the appellants were, therefore, charge-sheeted. On trial the learned Sessions Judge found both the appellants guilty of the offence under section 376/511 IPC, convicted them therefore and sentenced them in the manner stated above.

(3.) The learned counsel for the parties were heard and the record of the lower court was examined.