KHEM CHAND SHARMA, J. - (1.) THIS criminal appeal by appellant Bhanwar Lal arises out of the judgment and order dated 5.8.1985 passed by the learned Sessions Judge, Ajmer, by which the learned trial Judge has convicted the appellant for offence under Sections 366, 354 and 323 IPC and sentenced him in the following manner : For offence under Section 366 IPC : Rigorous imprisonment for three years with a fine of Rs. 200/-, in default thereof, to further undergo rigorous imprisonment for one month; For offence under Section 354 IPC : Rigorous imprisonment for one year. For offence under Section 323 IPC : Rigorous imprisonment for one month. The prosecution story, in nut shell, is that in the night of 13.8.1984 Smt. Santosh w/o complainant Munna Singh was sleeping with her husband in a room of the quarter in occupation of her father Mohan Singh, situated in Dak Bungalow, Ajmer. Her elder sister was sleeping with her husband in a Verandah. At about 2.00 A.M. when Smt. Santosh came out in the open place to urinate, the accused-appellant, an employee at the Perol Pump situated behind the Dak Bungalow, caught hold of her and forcibly took her to the Petrol Pump, made her to fall on the ground in a room of the petrol pump, bolted the door and then attempted to commit rape on her. In the meant-time, having found that Santosh has not returned, her husband aroused her brother-in-law Jethu Singh and then both of them left the quarter in search of Santosh. Having heard the weeping of Santosh, they went to Petrol Pump and entered inside the room through window which opened by push and brought out the appellant. It was further alleged that when they were trying to bring the appellant to the police station, he also belaboured them.
(2.) WITH the above allegations, complainant Munna Singh lodged an oral report at Police Station, Sadar Kotwali, Ajmer, upon which a case for offence under Sections 366, 376/511 and 323 IPC was registered vide FIR Ex.6 and In the course of investigation, site plan was prepared, a baniyan stained with blood, belonging to complainant was seized, the accused was arrested and prosecutrix was subjected to medical examination. After usual investigation the police submitted a charge-sheet against the appellant.
(3.) THE learned trial Court, on the basis of evidence and material collected during investigation, framed charges against the appellant for offence under Sections 366, 323 and 354 IPC. The appellant denied the charge and claimed trial.;