Honble SAXENA, J. — This jail appeal has been preferred against the judgment dated 6.6.91 passed by the learned Special Judge, S.C. & S.T. (Prevention of Atrocities) Shri Ganganagar, whereby he consicted the appellant for the offences u/s. 376 IPC and under Sec. 3(xi) S.C. and S.T. (Prevention of Atrocities) Act and sentenced him to ten Years R.I. and a fine of Rs.4000/- and in default to further undergo S.I. for six months on the first count and to two years R.I. and a fine of Rs.1000/- and in default to further undergo S.I. for two months on the second count.

(2). Briefly the facts necessary for disposal of this appeal are that the appellant was the servant of Gopi Ram (PW-1) and was staying with him near the Kiln in the R.C.P. Colony, Suratgarh. On 4.10.90, in the morning, Gopi Ram (PW-1) alongwith appellant Thana Ram had gone with his camel cart. Since on the way camel cart went out of order, Gopi Ram took his camel cart for repairs to a Mislri, while the appellant came back to the house of Gopi Ram with the camel at about 12 noon. It is alleged that at about 1 PM, Smt.Sohni (PW-2) wife of Gopi Ram was taking bath in her room. At that point of time, she heard the screams of her

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