KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant aggrieved of his conviction for offences of Section 376 read with 511 I.P.C. and sentence of three and half years rigorous imprisonment and fine of Rs. 250/- for each offence has preferred this appeal.

(2.) Alleged events leading to appellant's prosecution are that on 23.10.1988, at about 5 P.M., Mani Ram PW-2 presented his thumb impression bearing report Ex.P-1 at Police Station alleging that in last night of 22.10.2008, he was out in a "Jagran" and at home, was his wife Smt. Chando PW-1 with three children including nephew PW-3 Kaliyan and at about 11 in the ngiht appellant scaling wall entered in his house and tried to rape with wife. On shouting of her, children woke up who also shouted so villagers gathered and accused again scaling wall ran away. In F.I.R. also is averred that appellant his abitual of such acts who earlier also faced three such cases. Also averred in F.I.R. is that in night in Jagran, he was informed of the incident by Kalu Ram and people advised and told him that as it is a matter of village dignity so panchayat to be convened next morning - next day Panchayat assembled but accused Kishan Lal did not turnup even on calling and his father stated that his son is not in his control so people advised him to lodge report and accordingly is lodged. Registering F.I.R. No. 169/1988 Ex.P-4 for the offences of Section 457, 376, 511 I.P.C. ASI Amarjeet Singh PW-3 visiting place of occurrence prepared memos Ex.P-2 and Ex.P-3 and arrested appellant on 28.10.1988 vide memo Ex.P-4. After usual investigation and statement of witnesses etc., charge-sheeted submitted and case committed.

(3.) Appellant charged for the offence of Section 376/511 I.P.C. that he in night between 22-23.10.1988 in order to have sexual intercourse and rape. with Mst. C he scaling wall entering the house attempted rape, claimed trial.