RATAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RATAN Lal, the appellant herein, was put to trial before Additional district and Sessions Judge, Kishangarhbas district Alwar who vide judgment dated 23rd july, 1987 convicted him in the offence under Section 376 read with Section 511 of ipc and sentenced him to Rigorous Imprisonment for two and half years and fine of rs. 500/-; in default of payment of fine to further suffer Rigorous Imprisonment for three months.

(2.) THE prosecution case, in brief, is that on 12th June, 1986 at about 10. 00 p. m. the prosecutrix was sitting in her house made of thatch and cutting unripe mangoes. In the meantime, the accused appellant Ratan lal came there and asked about her husband as to where was Ramesh ? The prosecutrix waived her hand indicating that he was not in the house. Thereafter he entered inside and caught hold of by hair and made her to lie on the ground. It is alleged that he bite her right cheek and suddenly sat on her. It is further alleged that the accused broke the string of her petticoat and after lifting his trouser endeavoured to commit rape,'but she suddenly changed the side. Then the accused bite the wrist of her right hand by mouth. She screamed but the accused threatened her. In the meantime her husband Ramesh came and the accused fled from their. The prosecutrix lodged the FIR ex. P/l with Police Station Tijara where upon the Police commenced investigation.

(3.) THE Investigating Officer prepared the site plan Ex. P/2, recorded the statements of the witnesses u/s. 161 of Cr. P. C. got the prosecutrix medically examined, arrested the accused Ratan Lal vide arrest Memo Ex. P/7, got him also medically examined and after usual investigation put the accused to trial before the Court.