RAGHUVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal appeal is directed against the impugned judgment dated 17.7.2003 passed by the Additional District and Sessions Judge (Fast Track), Chhabra, Distri Baran, whereby the accused-appellant has been convicted under Section 376 I.P.C. and sentenced to undergo rigorous imprisonment for 7 years with a fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

(2.) Briefly stated the facts of the case are that on 5.4.1998, a. written report was submitted by the prosecutrix Pragbai stating therein that on 4.4.1998 at 12.00 Noon, when she was all alone in her house and her husband had gone to field for grazing animals, accused Raghuveer Singh entered in the house and despite resistance of the prosecutrix, he forcibly committed rape on her. Upon hearing hue and cry, her son Lekhraj, aged 8 years came to the spot and thereafter accused Raghuveer fled away.

(3.) On the basis of the above report, F.I.R. No. 44/1998 came to be registered at Police Station Bapchi, District Baran against the accused-appellant for the offence under Section 376 and investigation commenced. After completion of the investigation, the police filed charge-sheet against the accused-appellant before the competent Court. The trial Court having gone through the material collected during investigation and placed before it and considering the rival submissions of the respective parties, framed charge under Section 376 I.P.C. against the accused-appellant, who denied the charge and claimed to be tried.