KHUSHALA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant Khushala Ram is sentenced, for life term with a fine of Rs.1000/- and further to undergo one month's imprisonment in event of failure to pay the fine, on being convicted for an offence punishable under Section 376(2)(f) Indian Penal Code under the judgment dated 23.5.2003 passed by learned Additional Sessions Judge (Fast Track), Jodhpur.

(2.) As per prosecution, PW-1 Rajuram on 5.10.2002 at 09.00 AM submitted a written report to Station House Officer, Police Station Mathania with assertion that his daughter Lali aged 10 years at about 09:00 AM of the last day went to Ratranada pasture to graze the goats. His wife was all alone at home. One Jetharam son of Tulchharam, by caste Jat, resident of Bigoi at about 02:00 PM committed rape with her daughter Lali in the fields of Shivji Purohit near Basni pasture. At about 03:00 PM goats came to the house but Lali was not with them, thus, his wife went for search of Lali and she was found in the fields of Aasuji Master. His wife then came to the village and informed about the incident to Magaram, Sugnaram, Kesuram, Heeraram, Multanaram, Suganaram, Ramuram, all by caste Jat. The victim Lali was then taken to the village and then was carried to hospital at Osian. She was then referred for treatment to M.G. Hospital, Jodhpur, wherefrom she was sent to Ummed Hospital for necessary surgery. The informant further stated that he received information regarding the incident at village Tinwari. He asserted that the rape was committed by Jetharam, as per information given by his wife and other residents of village.

(3.) On basis of the information aforesaid a case was registered, investigation was made and the accused Khushala Ram was charge sheeted for an offence punishable under Section 376(2)(f) IPC. Charge was also framed against Khushala Ram and on denial of the same he was tried.