SHER SING Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -This is an appeal under section 374(2) Criminal procedure Code against the judgment and order dated 11.4.1996 whereby the learned Sessions Judge, Churu, in Special Case No. 64 of 1994 convicted the appellant Sher Singh of offence under section 376 Penal Code and sentenced him to 8 years R.I. and fine of Rs. 1,000.00

(2.) The relevant facts are these:-

(3.) The school building at Sonpalsar is situated in a village and is surrounded by inhabitated residences of villagers. As the site map Ex. P/3 and its details shows (Ex. P/3A) and which were not disputed before me by either sides, the school building consists of 15 rooms, three on western side, four on eastern side and .eight on southern side with wide open space in front of them. On the northern side There is the main entrance. Majority of teachers including the Head Master used to occupy some of the rooms for their residences. At the relevant time PW 1 Smt. Dropadi, PW 2 Namo Narayan, PW 3 Sampat Lal and Sher Singh appellant appear to be residing in four separate rooms of the school building. Since Shri Jai Chand Lal, Head Master had got his own house constructed in the village, he had shifted there.