G.L.GUPTA - (1.) These appeals have been directed against the judgment dt. 28-9-1996 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh whereby he convicted appellant Suvraj alias Shoraj u/S. 376, IPC and sentenced him to undergo R.I. for seven years and pay a fine of Rs. 500/-, in default six months S.I.
(2.) The prosecution case, as disclosed in the FIR lodged by Smt. 'L' on 21-6-1995 at 4 p.m. is that on the previous day at about 4 p.m. when she was grazing cattle in the river bed the accused caught hold of her, flung, put her "Loogra" in her mouth and committed rape on her. After the accused went away she took out "Loogra" from her mouth and made cries for help, when Bhanwarlal Dhakar reached there to whom she told about the incident and he took her to her house where she narrated the incident to her mother-in-law Lali and uncle-in-law Hema. On this report a case u/S. 376, IPC was registered. After usual investigation, the police submitted a challan.
(3.) To a charge framed u/S. 376, IPC, the accused pleaded not guilty. The prosecution examined P.W. 1 Smt. 'L' P.W. 2 Bhanwarlal, P.W. 3 Jeetu, P.W. 4 Prabhunath, P.W. 5 Dr. Rajendra Prasad, P.W. 6 Gajendra Prasad and P.W. 7 Ajij Mohd. I.O. Accused in his statement u/S. 313, Cr. P.C. denied the accusation. He did not lead any evidence in defence. After hearing the Public Prosecutor and the counsel for the accused, trial Court held that the accused had committed rape on Smt. Ladu. He, therefore, convicted and sentenced him as above.;