JUDGMENT :

1. Challenge in the instant criminal appeal has been made by the appellant to the judgment of conviction and sentence dated 8.12.1988 passed by the Court of learned Additional Sessions Judge, Karauli camp Hindon City, District Sawaimadhopur [for short ‘the learned trial Court’] in Sessions Case No.92/88, State of Rajasthan vs. Moolya, whereby the learned trial Court has convicted and sentenced the accused-appellant as under:-

U/s.376 IPC:

Seven years rigorous imprisonment and fine of Rs.1,000/-, in default of payment of fine to further undergo one year rigorous imprisonment.

2. Facts of the case in nutshell are that Ramcharan Mali (PW4) submitted a written report (Ex.P7) to the SHO, Police Station Mahwa mentioning therein that on 15.02.1984 at about 9:00 AM his younger brother’s wife Mst. Kiran Devi had gone to look after the field situated far flung their village (by the side of Ghutna Med). When she was looking after her Gram field, Moolya S/o. Umrav reached his field hideously at the spot where his younger brother’s wife was looking after the field. At about 10:00 AM, he dragged his younger brother’s wife in the field of Brijmohan Brahmin and raped forcefully. Mst. Kiran