MAHESH BHAGWATI, J. - (1.) CHALLENGE in this appeal is to the judgment dated 9th October, 1990, whereby the Sessions Judge, Tonk has acquitted the accused -respondent Gopi in the offence under Section 376 of the Indian Penal Code.
(2.) PW -2 Ram Karan submitted one written -report Ex. P/1 to the S.H.O. Police Station Piploo, District Tonk stating therein that on 27th of August, 1989 at about 10.00 PM, he was sleeping in the house. His wife Smt. Rampyari was sleeping in the 'saal'. It is alleged that the accused Gopi son of Shri Bholu Balai entered in his house and endeavoured to commit rape upon his wife. His wife cried. Having heard the screams of his wife, Laxmi Narayan and Kalyan Bairwa came there. They all chased him to catch, but ultimately he succeeded in fleeing away. The Police lodged an F.I.R. Ex. P/10 and commenced investigation. During investigation, the Police prepared the site -plan Ex. P/2, recorded the statement of the witnesses acquainted with the facts and circumstances of the case, seized the blouse of the prosecutrix vide memo Exhibit P/3 and 'ghaghara' vide memo Exhibit P/4, arrested the accused Gopi vide memo Exhibit P/l1, got the prosecutrix as also accused medically examined, and after usual investigation filed a charge -sheet against the accused in the offence under Section 376 of IPC in the Court. The Court framed charge of this offence against the accused, who pleaded not guilty and claimed trial. The prosecution has examined as many as 13 witnesses to prove its case. In the statement under Section 313 of Cr.P.C. the accused has claimed innocence. After completion of trial the accused was acquitted from the charge of the rape, as indicated hereinabove.
(3.) HEARD the submissions advanced by the learned Public Prosecutor appearing for the State, the learned Counsel for the accused -respondents and with their assistance, scanned the prosecution evidence as also the relevant material available on the record.;