Honble GARG, J.–This appeal has been filed by the accused appellants against the judgment and order dated 16.2.1987 passed by the learned Addl. Sessions Judge, Nagaur in Sessions Case No. 24/1985 by which he convicted the accused appellants for the offence under Secs. 366 and 354 IPC in place of 376/511 IPC and sentenced in the following manner:-

Name of accused appellant Convicted u/Sec. Sentence awarded to each accused appellant

1. Shoukat 2. Harun 366 IPC Four years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo RI for two months.

354 IPC Two years RI and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo RI for two months.

Both the substantive sentences were ordered to run concurrently.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 27.5.1985 at about 12.30 PM, PW1 Rampyari (hereinafter referred to as the prosecutrix), aged 35 years, who was Nurse (ANM) in the Primary Health Centre, Basni District Nagaur lodged a written report Ex.P/1 before the Chief Medical & Health Officer, Nagaur through proper channel and thus, presented through PW5 Dr. S.S. Purohit, who was Medical Officer & Incharge of Primary Health Centre, Basni stating inter-alia that on that day at about 3.30 AM, two persons, the name of one of them was Shoukat (accused appellant) and she did not know the name of other person, came to her house and knocked the door and accused appellant Shoukat told her that there was a case of delivery near the house of Mokli and he requested her to go there and upon this, she became ready and she informed him that first she would ask from her Medical Officer and upon this, accused appellant told her that doctor was also sitting there and thereafter, she accompanied them and when they reached near the Talab on the way, prosecutrix PW1 Rampyari asked them that this was not the way for the purpose for which she was going, then they told that they were very near to the place and as soon as they proceeded further, seeing lonely place, accused appellant Shoukat caughthold her hand and asked her to put off her clothes, upon this she made hue and cry, but accused appellant Shoukat put his hand on her mouth and put her on the ground, as a result of which, she received injuries on both knee and accused appellant Shoukat also best her and when she made hue and cry, neighbours including some women came there any seeing them, accused appellant Shoukat left her and ran away from the scene and another accused, who was with him, also ran away. It was further stated in the report that many people tried to apprehend the accused appellant Shoukat and other accused person, but they could not succeed. Thereafter, she submitted the report before PW5 Dr. S.S. Purohit, who forwarded the same to the Chief Medical & Health Officer, Nagaur and thereafter, it was sent to the Police Station Nagaur, where PW7 Ugam Singh, who was SHO in that Police Station, registered the case for the offence under Section 376/511 IPC and chalked out regular FIR Ex.P/11 and started investigation.

It may be stated here that on 30.5.1985, prosecutrix PW1 Rampyari submitted another report Ex.P/2 before PW7 Ugam Singh, S.H.O., Police Station Nagaur stating inter-alia that she had now come to know the name of another accused, who was with accused appellant Shoukat and his name was Harun (accused appellant). It was further stated in the report that during scuffle, she had also lost her watch.

During investigation, police seized the clothes of the prosecutrix PW1 Rampyari consisting of one saree, one patticoat, one blouse through seizure memo Ex.P/4. The blouse was torn and botton was also found broken and patticoat was also found torn over the area before knee joint and they were stained with blood. The prosecutrix PW1 Rampyari was got medically examined by the Medical Board on 27.5.1985 at 7.00 PM and one of the members of the Medical Board was PW2 Dr. Radha Kishan Soni and her injury report is Ex

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