MAHESH SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment dated Dec. 22, 1986, passed by the Additional Sessions Judge, Deeg whereby the learned Additional Sessions Judge convicted the appellant for the offence under Sec. 37b, Penal Code and sentenced him to undergo 10 years R.I. with a fine of Rs, 500.00in default, to further undergo 3 months R. I.

(2.) Brief facts giving rise to this appeal are that Smt. Radha Devi w/o Bal Mukand Beghela Thakur, r/o Shroti Mohalla, Town Kama (Bharatpur district) lodged an oral report on 14th Feb., 1986 at 8 a.m. at police station Kama with these allegations that, on Feb. 13, 1986 at about 7 p m. her daughter, Kumari Kusum aged 6 years told her that she had gone to the house of her AIR 1973 SC 501 Rel. on. Para 19, 20 & 21 brother and sister-in-law (Bhabhi) - after half an hour, Kumari Kusum came weeping back to her house - on this, she enquired into the matter then Kumari Kusum told her that Mahesh has committed rape with her. It was further alleged that Smt. Radha went to the house of Mahesh alongwith Shivram and Budharam. where Mahesh was present and they enquired from him and he admitted his fault.

(3.) On the aforesaid report, a case for offence under Sec. 376, Penal Code was registered against the appellant, and after usual investigation challan was filed for the aforesaid offence The prosecution produced inasmuch as 8 witnesses alongwith certain documents in support of its case The appellant was examined under Sec. 313, Cr. P.C. who denied the allegations levelled against him by the prosecution witnesses. The learned trial court, after nearing the parties, found the appellant guilty and sentenced him as stated herein before. Hence this appeal.