- (1.) BEING aggrieved by the judgment and order dated 29.11.1989 passed by the learned Additional District & Sessions Judge, Bundi in Sessions Case No. 60/1982 convicting the appellant, under sections 376 & 323 IPC and sentencing to undergo rigorous imprisonment and pay fine as referred to herein, he (appellant) is in appeal for redress.
(2.) I have heard Mr.Shiv Charan Gupta learned counsel for the appellant and Ms.Rekha Madnani, learned Public Prosecutor, Rajasthan.
(3.) THE prosecution case is traceable to a written report lodged on 23.01.1987 at 6.00 p.m. by the prosecutrix Smt. Manbhar with the Police Station, Dei alleging that while she, alongwith her sister -in -law, Smt.Ram Bharosi, had been cutting wood in the nearby Jungle, the appellant came there, caught her from behind, bit her on her cheek, fell her on the ground and committed forcible sexual intercourse with her. It was alleged that she having raised alarm, her sister -in -law who was nearby rushed to the place of occurrence. The prosecutrix mentioned further that as she disclosed in presence of the appellant that she would narrate this incident to his family members, he (appellant) inserted the handle of the axe which she was carrying to cut woods in her vagina, for which she suffered bleeding injuries. On this report, the police registered a case under sections 376 and 323 IPC and on completion of the investigation, submitted chargesheet under the above legal provisions. The appellant was also charged therewith, to which he pleaded "not guilty" and claimed to be tried. At the trial, the prosecution examined several witnesses, amongst others the prosecutrix (PW -8), her sister -in -law Ram Bharosi (P.W.5), Dr.Usha Sharma (PW -6) and Dr.Krishna Gopal Singhal, Medical officer, General Hospital Talera Bundi. The appellant stood by his denial in course of his statement under section 313 of Cr.P.C. He was however, convicted and sentenced as above.;