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1990 Supreme(Raj) 438

N C.SHARMA
Moti Lal – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Mst. Bhooli aged 30 years, widow of Deo Lal Mali, resident of village Kundi lodged a First Information Report on April 7, 1982 at 8 00 a.m. at Police Station, Nahargarh, District Kota regarding her having been raped by the appellant on April 3, 1982 at 7-8 p. m. The Officer-m-Charge, Police Station, Nahargarh filed a charge sheet against the appellant for offence Under Section 376, IPC in the Court of Judicial Magistrate, Baran and, on committal of the case by him, the Additional Sessions Judge No. 1, Baran, by his judgment dated September 22, 1982, held the appellant guilty for offence Under Section 376, IPC and sentenced him to rigorous imprisonment for a term of three years and a fine of Rs. 1000/-. The appellant convict has come in appeal to this Court.

2. There are certain special features and peculiar circumstances in this case. Smt. Bhooli had stated that she was aged 30 years and was widow of Deolal deceased. She was living with her mother-in-law and her husband's younger brother at village Kundi. This widow lady, on or about April 3, 1982 had gone from village Kundi to Baran town in a bus to purchase some articles in connection with the recital of "Satya Narai





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