BODH RAJ Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record of the court below.

(2.) ON proof of charge framed against them the appellants were convicted under Sec. 376 R.P.C. and sentenced to undergo rigorous imprisonment for 7 years each and to pay a fine of Rs.500 each. In default of payment of fine they were further directed to undergo RI for five months each. Aggrieved by the judgment of the trial court, the present appeal has been filed in this court with the submissions that the court below has not properly appreciated the evidence led in the case and has arrived at wrong conclusions of fact and law. It is further contended that there were major discrepancies in the depositions of the prosecution witnesses and that the charge was not proved beyond any reasonable doubt. It is submitted that the uncorroborated testimony of the prosecutrix could not be made a basis for the conviction of the appellants. It is urged that the prosecution had failed to prove that the prosecutrix was minor and the evidence revealed that even if the occurrence had taken place, she was a consenting party to it. It is contended that as the prosecution has withheld material evidence, petitioners were entitled to get its benefit and be acquitted.

(3.) THE facts of the case resulting in the conviction and sentence of the appellants are that Lakhmi Chand PW who is the brother of prosecutrix filed report EXPA in Police Station, Kishtwar, on 10th August, 1980 alleging therein that his sister Mst. Sita Devi aged 13 -14 years was forcibly raped by the accused persons in the jungle where she had gone for grazing cattle on 9.8.1980. She was brought from the jungle in a semi -conscience condition at her place by the complainant and other villagers and examined by the doctor on the next day. It was alleged that the occurrence had been witnessed by some children who were accompanying the prosecutrix.