- (1.)Appellant Ankariya S/o Hardi challenges his conviction u/S, 376/511 I.P.C. and sentence of four years rigorous imprisonment awarded to him by additional Judge Camp Barwani of the Court of Session Judge, Mandleshwar by his judgment dated 9-4-1986.
(2.)The case for prosecution is that appellant (hereinafter called 'the accused') was stranger to prosecutrix Phoolbai (P.W. 3). In the night of incident on 25-6-1985 the accused went to Renja's house and represented that he is a surpunch of village 'Aamjhiri Gumadia' and his name is Ankaria. He was afraid as it was dark he requested Renja to allow him to sleep in his house that night. Renja acceded to his request gave him food and piece of cloth to lie on. The three accused, Phoolbai (P.W. 3) and her husband Renja (P.W. 4) slept in the same room "Tapra". At about 11-00 p.m. in the night, Phoolbai (P.W. 3) was awakened and she found the cord of her petiticoat loosened and the accused trying to sit on her waist. She pushed the accused and cried out to her husband, who got up and lighted the lamp "Chimni". Phoolbai (P.W. 3) complained to Renja (P.W. 4) that the accused was trying to molest her, had removed her cloth and sat on her waist. They narrated that they then took the accused to Hathha (P.W. 6) patel of the village, who asked them to lodge a report at the out-post. While going to the out-post on the way, they met three police-men who took them to out-post, Chachria where Phoolbai (P.W. 3) lodged First information report Ex. P/3, which was unwritten down by Sohanlal (P.W. 8) and offence u/S. 376/511 I.P.C. was registered, and accused sent for medical examination After investigation challan was put up against the accused.
(3.)The accused pleaded not guilty to the charge u/S.376/511. In his examination while denying material allegations, he stated that on the date of incident, he had drunk liquor, he had 500/- rupees in his pocket, which Renja had seen. On Renja's asking he drank more liquor. It was raining. When he was going to his house, Renja (P. W. 4) asked him to stay for the night, Renja quarrelled with him about money, snatched his money, slapped him and lodged false report against him, about injuries on his person he stated that it was due to beating by police. He did not examine any witness in defence.