STATE OF RAJASTHAN Vs. RAMBABU

JUDGEMENT

(1.) BOTH the aforesaid criminal appeal and criminal revision arises out of and pertain to judgment dated 13th April, 1993 rendered by Sessions Judge, Tonk whereby, the accused -respondent Rambabu was not found guilty and thus acquitted in the offence under Section 377 of IPC, hence, they are being heard and decided by this common judgment.

(2.) THE prosecution case is woven like this:

(3.) THE accused Rambabu was indicted for the offence under Section 377 of IPC who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as 13 witnesses. In his explanation under Section 313 of Cr.P.C, the accused claimed innocence. The accused also examined two witnesses DW -1 Hukam Chand and DW -2 Ramphopl in his defence. On completion of trial, the Chief Judicial Magistrate, Tonk found the accused Rambabu guilty and convicted him in the offence under Section 377 of IPC and sentenced to a period of one year's rigorous imprisonment together with a fine of Rs. 1,000/ -; in default of payment of fine to further suffer simple imprisonment for two months. Aggrieved with the judgment of C.J.M., Tonk, the accused -respondent filed an appeal before the Sessions Judge, Tonk who did find the accused guilty and set aside the judgment of conviction of C.J.M., Tonk and acquitted him in the alleged offence as indicated hereinabove.