JAIRAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the appellant on charge of offences under sections 451, 366-a and 376, IPC before the sessions court at bidar was found guilty of these offences and sentenced to suffer rigorous imprisonment for six months under Section 451, IPC., Rigorous imprisonment for five years under Section 366-a, IPC and a fine of Rs. 500/- with default sentence and rigorous imprisonment for 10 years for the offence under Section 376, IPC and a fine of Rs. 1.000/- with default sentence.

(2.) the victim girl vishali who gave her age as 10 years when she was examined in December 1987 in the sessions court could have been about 7 to 8 years when this offence took place in September 1984. P.w-4 - sadashiva was a teacher in manavya vikasa vidyalaya of degalur village and the father of vishali was also a teacher in another school of the same village. It appears, at bhalki town some entertainment programmes were being arranged in ganesha festival. In the year 1984, in ganesha festival this p.w-4 was invited to give some dance and music programme. Accordingly, a party of 7 or 8 girls and some boys was taken by him to bhalki. This "music party" as he calls it included even 10 or 11 adults. Their programme was arranged in a locality called ganja at bhalki and they were lodged in a nearby house belonging to p.w-6. The entertainment commenced by about 10 p.m. on the same night and the first item was the dance programme of vishali - p.w-1. By about 11 p.m. or 12 midnight she had given 2 or 3 more programmes and as she was feeling sleepy she was taken to their residential house and was made to sleep there. The leader of this party p.w-4 having made her sleep there bolted the front door from outside and went back for the programme. Everything was over by about 1 a.m. when all of them returned to their lodging place after the programme, they found vishali missing. P.w-4 set out in search of her along with one radhe shyam on his luna and when they went some distance towards railway track they heard the screaming voice of vishali. Nearby there were huts of voddara people. From one of those huts, two persons by name lakshmana and hanumantha were taken by them and they proceeded towards the direction from where they heard the screaming voice of p.w-1. They had taken a torch with them and while flashing the torch light, they saw the accused getting up from a place some distance away from them adjusting his lungi and chaddi and on seeing them he started running. He was chased by these people and caught when he fell in a nala some distance away. Having caught him they brought him near the place where vishali was and both of them were taken to the auditorium. On being questioned, p. W-1 told that the accused had forcible intercourse with her. The accused as well as p.w-1 were then taken to the police station and produced before the p.s.i. - p.w-10.

(3.) it may be mentioned here that on the same night at about 1-30 a.m. p.w-4 on finding that p.w-1 was missing from their lodge had filed a compliant at the police station of bhalki as per ex. P-6 on which a case for an offence under Section 366-a, IPC in crime No. 164/1984 was registered. Even the police people were on search for the missing girl soon after this report was given. When this p.s.i, was near the auditorium, p.w-1 as well as the accused were produced before him by p.w-5, p.w-9 and others. It transpired that the name of the person caught is jairaj. Immediately, they were taken to the police station, statement of p.w-1 was recorded and the accused was kept in the police station after he was arrested. P.w-1 was taken by p.w-10 himself to the government hospital at bhalki where she was examined by a lady medical officer and on the report of the medical officer, the Section of the offence was changed into one under Section 376, IPC in the F.I.R. without any loss of time the opinion of the doctor as per ex. P-3 was secured. He then seized the clothes from the person of the accused viz., A lungi and an underwear which is called jyangi. On the following morning at about 7-15 a.m. he took the accused to nittur primary health centre where he was examined for the injuries on his person and also for evidence of recent intercourse. The C.P.I. who continued investigation visited the scene of offence in sy. No. 174 of bhalki and found some beeds, small knife and a chaddi which were all seized. The clothes of the accused as well as p.w-1 were sent for chemical examination. On completion of investigation charge sheet for the offences aforesaid came to be filed before the committal court.