- (1.) BEING aggrieved by the judgment and order dated 19.3.1987 passed by the learned Sessions Judge, Tonk in sessions case No.14/85 convicting him under Section 341/376 IPC and sentencing him therefor with rigorous imprisonment and fine, the appellant seeks redress in the present appeal.
(2.) I have heard Mr.Govind Rawat, learned amicus curiae for the appellant and Ms.Rekha Madnani, learned Public Prosecutor for the State.
(3.) THE prosecution case traces back to a written report lodged on 19.1.1985 by Ramswaroop, the husband of the victim Jeewani with the officer -in -charge, Baroni Police Station alleging that on the previous day, at about 4:00 p.m., while his wife, named hereinabove, had gone to the nearby jungle to collect timber and was returning therewith, the appellant intercepted her, dragged her to a nearby nala and committed rape on her forcibly. The report disclosed that the appellant also assaulted her all over the body, and as she raised alarm, Unkar and Uda, who were herding the cows nearby, rushed to the place of occurrence and found the appellant committing the offending act. On their intervention however, the appellant fled from the place of occurrence. The incident having been reported to the informant later in the night, the written report was lodged the next day. On the said report, the police registered a case under Section 323, 354 and 376 IPC, and on the conclusion of the investigation, submitted a charge -sheet thereunder against the appellant. He having denied the charge under the above provisions, he was made to stand trial. The prosecution examined, amongst others, the prosecutrix PW -6, the two persons named in the FIR, Unkar PW -7 and Uda PW -8, Dr.Om Prakash Joshi PW -13, who had medically examined the victim and her husband Ramswaroop, the informant, PW -1, apart from the investigating officer. The appellant in his statement under Section 313 Cr.P.C denied the charge, and as desired by him, also adduced defence evidence by examining three witnesses. At the conclusion of the trial, to reiterate, the appellant was convicted by the judgment and order impugned under Section 376 and 341 IPC.;