RAM BHAROSI AND SUGREEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Version of Smt. Raisham wife of Natbya aged 20 years of Village Mudiya, Police Station Salempur that Ram Bharosi appellant No. 1, on Sept. 4, 1980 at about noon, committed rape with her in the field of Sugreev appellant No. 2 is so unnatural that it is difficult to be believed.

(2.) The avowed aim of Smt. Raisham was to cut and gather some grass from jungle and for that purpose in the m on of the said day, she was going to the jungle along with her husbands younger brother Moli. Both of them happened to pass through the way adjoining the field of Sugreev. It is alleged that Sugreev called Smt. Raisham and Moli and offered to oblige them by cutting of the grass from his field. Smt. Raisham readily agreed. Sugreev sent Moli to take over the plough from the hands of Ram Bharosi appellant No. i and sow the field so that both Ram Bharosi and Sugreev might smoke tobacco for a while. Then Sugreev stood as a watch-and-ward to facilitate Ram Bharosi to rare Smt. Raisham. Smt. Raisham raised a cry and on hearing, her husbands younger brother Moli came to her rescue, and both the appellants took to their heels. That is the entire case of the prosecution as expounded by Smt. Raisham.

(3.) It cannot be disputed that Ram Bharosi had sexual intercourse with Smt. Raisham on Sept. 4. 1980 in the noon in the field. The injury report goes to show that Smt. Raisham had contusion 5 cm x 2 cm over the right side of chest. Abrasion 1/4 cm x 1/2 cm over the front of neck and some scattered abrasions. Ex. P/3 shows that Smt. Raisham was aged 20 years. She was a married lady having two issues. There was no bruishing. no lebracatal of vagina. However, white staining of the cloths was present There was no redness, no swelling, hymen was absent and no lacerated. The salvar which Smt. Raisham was wearing and which had white stains, was sent for chemical analysis and as per the report of the chemical analyst, human semon was detected on the salwar.