- (1.) This criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 (for short, "the Code" hereinafter) is directed against the judgment and order dated 16-10-2003 passed by the Additional Sessions Judge (Fast Track) No. 1, Banswara (for short, "the trial Court" hereinafter) in Sessions Case No. 33/2002, whereby the trial Court convicted the appellant for the offence u/S. 376 IPC and sentenced him to undergo ten years rigorous imprisonment and a fine of Rs. 5000/-, In default of payment of fine further to undergo one month's rigorous Imprisonment. Aggrieved by the judgment and order impugned, the appellant has filed the instant appeal.
(2.) The facts of the case, to the extent they are relevant and necessary for decision of this appeal, are that PW 8 Miss Indira, the prosecutrix, lodged an FIR (Ex.P/2) with Police Station, Pipalkhunt, District Banswara, inter alia alleging therein that on 1-1-2002, at about 2-00 p.m., when she was grazing the cattle in Dolarwala jungle and took the cattle to the water-pond (Nalla), at that time appellant Raman and co-accused Mohan suddenly came. The appellant caught-hold her, dragged her and thereafter committed rape on her. She raised cries, whereupon her neck was pressed. Co-accused Mohan had an axe and he threatened her for dire consequences if she would raise cries. Thereafter Bapudi and Raoji came, whereupon the appellant and co-accused Mohan ran away towards the jungle. Had those two persons not come, they would have killed her. In this report, the police registered Chak-FIR Ex.P/3 and ensued investigation. The prosecutrix was medically examined vide injury report Ex.P/12, vide Ex. P/15 for determination of her age and Ex. P/16 X-ray plates. After usual investigation, the police filed challan against the appellant for the offence under Section 376 IPC and co-accused Mohan for the offence under Section 376/109 IPC. Both the accused were put to trial. The appellant denied the charges and sought trial. The prosecution examined as many as 11 witnesses and produced documents Ex. P/1 to Ex. P/16. The statement of appellant was recorded under Section 313 of the Code and he denied the charges. The trial Court, on appreciation of the evidence, came to the conclusion that the prosecution has proved the case beyond reasonable doubt against the appellant; however acquitted accused Mohan of the offence under Section 376/109, IPC.
(3.) I have heard learned counsel for the appellant and the Public Prosecutor. Carefully gone through the impugned Judgment and order, as also the record of the trial Court.;