JAI BHAGWAN Vs. STATE

JUDGEMENT

(1.) Jai Bhagwan sent his present appeal through the Superintendent Jail. He was convicted in respect of an offence of rape of minor girl Kumari Raman alias Amnesh aged about 8 years, punishable under S. 376, Indian Penal Code, and was sentenced to undergo rigorous imprisonment for 14 years besides a fine of Rs. 2,000.00 in default of payment of which he was directed to undergo further rigorous imprisonment for two years. He was convicted and sentenced on February 28, 1984 by Shri S. M. Aggarwal, Additional Sessions Judge, Delhi.

(2.) Kumari Raman is daughter of Smt. Lila Devi (P. W. 1) and Bhagwan Dass (P. W. 8). On June 2, 1982 (the date of occurrence) she was studying in 1st standard of Nagar Nigam Prathmik Vidyalaya (Municipal Corporation Primary School), Raghbir Nagar, New Delhi.

(3.) The case of the prosecution is briefly as follows: Kumari Raman was bom on November 7, 1974. On June 2, 1982 at about 3.40 p.m., she was sitting on an open drain for easing herself. The appellant Jai Bhagwan and one Rattan Lal forcibly took her in a room in the Municipal Corporation Primary School building which is near the aforesaid drain. Her mouth was gagged by Rattan Lal while the appellant made her lie down on the ground and raped her. She was crying. Smt. Lila Devi (Public Witness 1), mother of Kumari Raman (Public Witness 5), was waiting for the latter. When Raman did not come back to her mother, the latter went out for search. Attracted by cries she went inside the primary school. She found Raman crying and the appellant and Rattan Lal were there. Blood was trickling on the thighs of Raman. Both the appellant and Rattan Lal tried to run away. The appellant was apprehended by one Ram Chander (Public Witness 9) after a chase of small distance while Rattan Lal escaped after scaling the boundary wall of the school.