- (1.) The instant appeal has been preferred by the appellant Kashmir Shah under Section 374(2) of the Cr.P.C. being aggrieved by the judgment dated 1.8.1994 passed by learned Additional Sessions Judge, Nohar, District Hanumangarh in Sessions Case No.50/93 whereby, the appellant was convicted for the offence under Section 376/511 I.P.C. and was sentenced to 18 months' simple imprisonment and a fine of Rs.3000/- and in default of payment of fine, the appellant was sentenced to further undergo 6 months' simple imprisonment.
(2.) The prosecution case is based mainly on the evidence of P.W.1 Mst.'S'. She constantly alleged that in the F.I.R. (Ex.P1) and in her sworn testimony as well that on 21.11.1993 at about
(3.) O'clock, she was working in her field at Kalalon Ki Dhani, when the accused came there. He forced her down on the ground. She made a struggle to escape. The accused used force and tore her jumper from the chest area and also opened her salwar and fell down on her with the intention of subjecting her to rape. On hearing her fervent cries, P.W.2 Lune Khan and P.W.3 Jawar Khan rushed to the spot. On seeing them, the accused appellant got up and ran away. The F.I.R. of the incident was lodged on the next day of the incident i.e. on 22.11.1993. The accused was charge-sheeted by the Police after investigation. Upon conclusion of trial, the accused appellant was convicted and sentenced as above and hence, this appeal. 3. Shri V.N.Kalla, learned counsel representing the accused appellant vehemently and fervently contended that the entire prosecution case is false and fabricated. The evidence of the prosecutrix (P.W.1) is not corroborated in material particulars and thus, the accused appellant should be acquitted of the charge by giving him the benefit of doubt. In support of this contention, Shri Kalla relied upon the judgment rendered by Hon'ble Supreme Court in the case of Narender Kumar Vs. State (NCT of Delhi) reported in AIR 2012 SCW 3391. His alternative submission was that the incident took place almost 26 years ago and thus, the sentence awarded to the accused deserves to reduced to the period already undergone by him which is quite a substantial period. ;