- (1.) Challenge in this appeal is to the judgment dated 19th December, 1986 whereby the learned Addl. Sessions Judge, Jhalawar convicted the accused appellant Raghunath Singh in the offences under Sections 341, 354 of the Indian Penal Code and sentenced him as under: Section 341 IPC : Rigorous Imprisonment for 15 days. Section 354 IPC : Rigorous Imprisonment for one year and a fine of Rs. 1,000/-, in default of payment of fine to further suffer Rigorous Imprisonment for three months. Both the sentences were ordered to run concurrently.
(2.) The prosecution story succinctly runs as under: That on 5th May, 1985 at about 9.00 AM, the prosecutrix PW/1, Kailash Bai was going from Kanwada to Nandia Kheri. On the way, near the well of Sheth, the accused Raghu Nath Singh came on bicycle and after crossing her, intercepted and wrongfully restrained her. It is alleged that the accused dragged her near a pit where he made her to lie on the ground and cuddled on her breasts. It is further alleged that the accused squeezed her breasts and made an attempt to commit coitus. Having heard her screams, Ganpat and Lila reached there who were taking their goats to graze in the field. On seeing them, the accused fled from there. On a written complaint Ex.P/1 of PW/1, Kailashi Bai, the FIR Ex.P/2 was registered and investigation commenced. During the course of investigation, the Investigating Officer recorded the statements of witnesses acquainted with the facts and circumstances of the case under Section 161 of Cr.P.C., prepared a site plan Ex.P/4, and drew necessary memos and after usual investigation, sent the accused for trial before the Court.
(3.) The accused was indicted for the offences under Section 341 and 351 of IPC who pleaded not guilty and claimed trial. In order to further its version, the prosecution has examined as many as 8 witnesses. In his explanation furnished under Section 313 of Cr.P.C., the accused claimed innocence. On completion of trial, the accused was convicted and sentenced in the offences as indicated hereinabove.;