CHABILIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated Oct, 6, 1987, of the Sessions Judge Churu, convicting and sentencing the appellant for the offence under Section 376, I.P.C. to 10 years R.I. and a fine of Rs, 250/and in default of payment of fine to 1 months further R.I. and under Section 447, I.P.C. to one months R.I. Both the sentences have been ordered to run concurrently.

(2.) THE factual aspect of the prosecution case stands established by the evidence of Geeta the victim of the incident she was a minor girl. Her evidence clearly shows that the accused committed rape upon her in Likhma Ram's field in village Phandoro. Her evidence is corroborated by the statements of Bhanwarlal, Nihala Ram who reached the spot on hearing her cries. They reached the spot when the accused was lying on the girl and committing rape upon her and it was on their arrival that the accused fled away. The statement of Geeta is also corroborated by the evidence of Dr. (Smt.) Jaishree Sharma who medically examined her and found that she had been the victim of rape. The learned Sessions Judge has recorded the finding that it was the accused who committed rape with Geeta. I do not find any substantial grounds to up -set the said findings. The evidence of Geeta is reliable and finds corroboration from other evidence on record. The offences under Sections 376, I.P.C. and 447, I.P.C. are fully made out against the accused.

(3.) ACCORDINGLY , the appeal is partly allowed. The conviction of the accused under Sections 376 I.P.C. and 447, I.P.C. is maintained. His sentence for the offence under Section 447, I.P.C. recorded by the learned Sessions Judge is also maintained but his sentence under Section 376, I.P.C. is reduced to 7 years R.I. and a fine of Rs. 250/ - and in default of payment of fine to one year .R.I. Both the sentences shall run concurrently. Appeal partly Allowed.