DHOOK SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29.8.81 passed by the learned Sessions Judge, Jalore convicting the accused appellant of offence under Sec. 376 I.P.C. sentenced him to 4 years R.l. and to pay a fine of Rs. 200.00, in default of payment to further undergo 4 months imprisonment.

(2.) The prosecution case is that PW/6 Moda the husband of the prosecutrix PW/8 Mst. Jamu lodged a F.I.R. at Police Station Bashera on 8.9.80 stating interalia that his wife alongwith his brother and brother's wife had gone to the field for the collection of the fodder. While she was cutting the grass, Chaudhary Ganesh S/o Adaji and accused Dhukia arrived there and forcibly caught hold his wife and tried to molest and pulled her down. His wife cried for the help and that attracted his brother PW/3 Tagia, PW/11 Veerma & PW/5 Mohania. Dhukia managed to escape from that place. He, also snatched away the small piece of gold ornaments from the persons of his wife. However, Ganesh Choudhary was over powered by them. On this information, Police registered a case of offence under Sec. 354 & 382 I.P.C. and proceeded with the investigation. After usual investigation, Police laid a charge-sheet against the accused appellant of offence under Sec. 376 I.RC.

(3.) The accused appellant was charged for offence under section 376 I.PC. He denied the charge and claimed trial. The prosecution in support of its case examined 12 witnesses and produced number of documents.