SHANKER LAL S/O ROOPA Vs. STATE OF RAJASTHAN

JUDGEMENT

(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.