POORAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The above named accused appellant has preferred the appeal No. 543/1995 against the judgment and order dated 17-10-1995 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar in Sessions Case No. 40/94 by which he convicted the accused appellant for the offence under S. 376 IPC and sentenced him to seven years' Rigorous Imprisonment and a fine of Rs. 500/- and in default of payment of fine, to further undergo simple imprisonment for six months.

(2.) It arises in the following circum-stances :- PW1 Laxmi lodged an oral report in the Police Station Sadar Sri Ganganagar on 29-7-1994 at about 2.35 PM to PW4 Sahiram, SHO of that Police Station stating that before that alleged incident she used to live with her grand mother and since 7-8 months back, she has come to the house of her father (present accused appellant) and, thereafter, she was living with her father, accused appellant. It is further alleged that accused appellant after taking liquor used to see her with lusty eyes and even in the presence of her mother PW3 Kalawati, accused appellant teased her and upon that, PW3 Kalawati made hue and cry and since then accused has become more annoyed. It is further alleged that on the last Monday in the night at about 10.00 PM when she was sleeping, accused appellant took her to the cot and after putting dupatta in her mouth, he unclothed her and, thereafter, committed rape on her. It is further alleged in the report that this incident was told by her to her mother PW3 Kalawati and when her mother PW3 Kalawati made a complaint to accused appellant, he beat her. It is further alleged in the report that thereafter, on 28-7-1994 at about 10.00 PM accused appellant after awakening PW1 Laxmi, took her to his cot and put off her clothes and raped her twice for one hour. This incident was also narrated by PW1 Laxmi to her mother PW3 Kalawati and thus, a report in this respect has been lodged by PW1 Laxmi. On this report, PW4 Sahiram chalked out police FIR Ex.P/5 and started investigation. During investigation, both accused appellant and PW1 Laxmi were got medically examined. The medical report of PW1 Laxmi is Ex. P/2 and report about her age is Ex. P/4. The medical report of accused appellant is Ex. P/3. The accused appellant was arrested through Ex. P/7 on 31-7-1994. After investigation, the police submitted a challan before the Court of Magistrate and, thereafter, the case was committed to the Court of Session. The learned Additional Sessions Judge No. 2, Sri Ganganagar on 21-3-1995 framed charge against the accused appellant for the offence under S. 376 IPC for the incident which took place on 28-7-1994 at 10.00 PM. The charge was read over and explained to the accused appellant, who pleaded not guilty and claimed trial. In support of its case, the prosecution examined only four witnesses and some documents were got exhibited and, thereafter, statement of the accused appellant was recorded under S. 313 Cr.P.C. and some documents were also produced by accused appellant. The accused appellant produced three witnesses in his defence and he was also examined as DW1. The learned Additional Sessions Judge No. 2, after recording evidence and considering the material available on record, came to the conclusion that the prosecution has proved its case beyond reasonable doubt against the accused appellant for the offence under S. 376 IPC and thus, through his judgment and order dated 17-10-1995, he convicted the accused appellant for the said offence under S. 376 IPC and sentenced as stated above. Aggrieved from the said judgment and order dated 17-10-1995 passed by the learned Additional Sessions Judge No. 2, Sri Ganganagar, the accused appellant has preferred jail appeal as well as regular appeal.

(3.) In this appeal, the learned counsel for the accused appellant has made the following submissions :-