- (1.) The instant appeal is preferred against the judgment and order dated 28.02.1992, passed by learned Additional Sessions Judge, Bhilwara (for short the 'trial court') in Sessions Case No.99/1990. By this judgment, learned trial court convicted the accusedappellant for the offence under Section 376/511 IPC and sentenced him for three and a half Years' rigorous imprisonment with a fine of Rs. 2500/-, in default thereof to further undergo one year's additional rigorous imprisonment.
(2.) Aggrieved by the said judgment of conviction, accused-appellant preferred the instant appeal before this court.
(3.) In brief, facts of the case giving rise to the present appeal, are that on 18.08.1990, a complaint (ExhibitP5) was lodged by Urjan before the SHO P.S. Bighod, Bhilwara. In the said report, it is mentioned that on 17.08.1990 at about 4:00 PM when his daughter, aged about 12 years only, was working in field, having seen working alone, accused-appellant Shankar Lal went to her and tried to commit rape with her. On the aforesaid complaint, an FIR bearing No. 93/1990 (Exhibit- P6) was registered at Police Station- Bigod, District-Bhilwara and investigation commenced. After completing the investigation, police filed a charge-sheet against the accused-appellant.;