- (1.) BEING aggrieved by the judgment and order dated 12.01.1988 passed by the learned District and Sessions Judge, Jhalawar in Sessions Case No.190/86 convicting the appellant under Section 376 IPC and sentencing him to suffer rigorous imprisonment for 7 years and to pay fine of Rs.1,000/ -, in default to undergo rigorous imprisonment for further four months, he is in appeal seeking redress.
(2.) I have heard Mr.Rinesh Gupta, learned counsel for the appellant and Mr.Bhramanand Sandu, learned Public Prosecutor, Rajasthan. A written report was lodged on 20.09.1986 at about 7.30 p.m. by the prosecutrix Kamli Bai w/o Bharmal with Bhaltha Police Station alleging that on the previous day i.e. 19.09.1986 at about 8 -9 a.m. in the morning while she was cutting grass in her field with standing corn crop, the appellant arrived at the place of occurrence, grabbed her from behind, fell her on the ground and forcibly commit sexual intercourse with her. After the offending act was completed, the appellant, according to the written report, left the field, whereafter the prosecutrix on her way home weeping, met her father -in -law at a nearby well and disclosed to him the incident. The prosecutrix further stated that on the date of the incident, her husband Bharmal was out of station and on his return on the next date, the report was being lodged.
(3.) THE Police registered a case under Section 376 IPC against the appellant and on completion of the investigation, submitted chargesheet against the him under the said provision of law. The charge was also framed, accordingly to which, the appellant pleaded "not guilty". At the trial, the prosecution examined several witnesses including the prosecutrix, her husband, her father -in -law alongwith the doctor, who had medically examined her. The appellant, in course of his statement under Section 313 Cr.P.C., reiterated his denial and instead alleged that he had been falsely implicated as there was standing dispute between the two families with regard to a plot of land in his possession. By the impugned judgment and order, however, the learned court below convicted and sentenced the appellant as above.;