RUKMA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment of conviction dated 13.9.1984 passed by the learned Sessions Judge, Banswara in Sessions Case No. 86/83 convicting the accused under sections 376, 366 & 323 IPC, this appeal is preferred on the grounds mentioned in the memo of appeal as also verbally canvassed before me.

(2.) With the assistance of the learned counsel for the accused-appellant and the learned Public Prosecutor, I have scrutinised the record and reappreciated the evidence on record.

(3.) On reappreciation of the evidence, the prosecution story as disclosed by it is that in the night of 11.5.1983, PW 14 along with others were sleeping near Power House No. 5, where they were working as labourers and were told in the early morning by Kanti Lal and Jeevna Bheel who were sleeping further away from there on old Panchalwasa Road aicing with some women that the appellant along with others came near them in the night at 11 O'clock and forcibly took away Paro who was then raped and who thereafter returned. On the basis of this, first information report was registered, investigation was taken and on completion of same, four persons were prosecuted for the offence under sections 147, 323, 366 or in the alternative 366/149-376 IPC. The learned Sessions Judge on reappreciation of the evidence on record, came to the conclusion of guilt only in relation to Rukma as aforesaid and has proceeded to convict him as aforesaid and acquit the three other accused persons on the basis of the evidence as stands today.