LAKHMA @ LAKHMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused-appellant was charged with offence under section 376 r/w Sections 511 & 354 IPC. The Sessions Judge has acquitted the accused-appellant from the charge under sections 376 & 511 Penal Code but has convicted him under section 354 Penal Code and has sentenced him for 1 year's R.I. Aggrieved by the said order, the present appeal is filed in the year 1984.

(2.) The prosecution case is that on 29.8.1981, the prosecutrix Mst. Mangi was plucking ladies finger in her field in the evening. When she was in he field, the accused-Lakhma came to the place and caught hold of her breast and threw her on the ground. The accused lifted her Ghaghra whereupon she started shouting. On hearing her shouts, PW 2 Laxman came on the spot and the accused left her and ran away. In the incidence, her bangles were broken and she received injuries on her hands. The prosecutrix's father PW 4 Hukma Ram also arrived at the spot and the prosecutrix narrated the entire incidence. On 31.8.1991, the FIR Ex. P/2 was lodged in the Police Station by PW 4 Hukma Ram.

(3.) To prove the charge, the prosecution has examined PW 1 Mangi who has stated that when she was plucking ladies finger from her field, the accused came and caught hold of her breast and threw her on the ground. He lifted her Ghaghra but as on the spot, Laxman came, he left her and ran away from the place of incidence. She has stated that she received injuries on her legs, on her waist and on her hands and these injuries were shown to the doctor. In the cross-examination, she has stated that she has also received injuries on her breast and that was also shown to the doctor.