SATYANARAYAN Vs. STATE

JUDGEMENT

(1.) Satyanarayan through this appeal calls in question the judgment dt. 15-2-97 of the learned Addl. Sessions Judge, Churu convicting him u/S. 458, 376 and 323, IPC and sentencing him as follows :- @@ All the substantive sentences were ordered to run concurrently. U/S.458 IPC : 7 years R.I. and a fine of Rs. 1,000/-, in default one month Imprisonment U/S.376 IPC : 7 years R.I. and a fine of Rs. 1,000/-, in default one month imprisonment U/S.323 IPC : One month R.I. @@

(2.) The brief facts of the case are that on 25-5-96 at 7 a.m. Smt. 'S' (35 years) lodged a written report at P. S. Kotwali, Churu stating that in the previous night she was staying in the house of her sister and at about 12-30 a.m. when she had got up to urinate and was returning from the bath-room, Satyanarayan (accused) entered into the house, closed the door gave her beatings and committed rape on her. On this report, a case u/S. 376, 458, 343 and 323, IPC was registered. The police after usual investigation filed a challan against the accused appellant.

(3.) To the charges u/Ss. 458, 323 and 376, IPC, the accused appellant pleaded not guilty. The prosecution examined P.W. 1 Bhagwan Sahay, P.W. 2 Vijay Kumar, P.W. 3 Jos, P.W. 4 Smt. Vimla Devi, P.W. 5 Vedprakash, P.W. 6 Ranay, P.W. 7 Amber Kumar, P.W. 8 Dr. R. L. Bansal, P.W. 9 Sulekha, P.W. 10 Amla Prasad, P.W. 11 Mool Singh, P.W. 12 Mst. 'S', and P.W. 13 Tarachand Budaniya. Accused in his statement u/S. 313, Cr. P.C. denied accusation. He examined D.W. 1 Ratanlal in defence. In his statement u/S. 313, Cr. P.C. he came out with a case that he has been falsely implicated because of enmity with Vimla and Vijay Kumar. The learned Sessions Judge after holding the charges proved sentenced him as stated above.