KANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -Appellant was the accused on the file of the learned Sessions Judge, Jhalawar bearing Sessions Case No. 5/1996. He was found guilty under Sections 376 and 323 IPC, convicted and sentenced thereunder to undergo seven years R.l. and one month Rigorous imprisonment respectively. It was also directed that sentences shall run concurrently.

(2.) Aggrieved by the said judgment, action for filing the instant appeal has been resorted to.

(3.) Brief resume of the facts is that prosecutrix Kumari Santosh Bai (for short the prosecutrix) along with her father on Nov. 2, 1995 went to Police Station (Jhalawar) and narrated orally that in the morning at around 7-8 a.m. she had gone for grazing her buffaloes near river Kalisindh. At about 11 a.m. accused appellant Kanwar Lal (for short the accused) came there and asked her to sleep with him. She declined and requested him not to persuade her but he slept her and forcibly took the nearby heap of fodder and ravished her thereafter he rushed towards the river leaving her there. She came weeping towards her field where she found her father to whom she narrated the whole incident. After hearing the narration her father also started weeping. The Police Station Raipur registered a case under sections 376 and 323 Penal Code and investigation commenced. The investigation that followed resulted in charge sheet, a trial and eventually in a conviction based substantially on the testimony of the prosecutorix.