SUJAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE Sessions Judge, Jhalawar by his judgment dated 28th August 1982 found the appellant guilty for the offence Under Section 376 IPC and sentenced him to four years rigorous imprisonment and a fine of Rs. 1,000/ -. In default of payment of fine he was directed to under go rigorous imprisonment for six months. Against the conviction and sentence the appellant has prefered this appeal.

(2.) THE incident out of which this case arises occured on 14.6.1981. The prosecutrix is Mst. Anokhi Bai, whose age at the time of incident was 20 years. She reported at Police Station, Dug that on the day of the incident she proceeded on the way to Karasra and she sat down to answer the call of nature behind a bush and at that time the accused came there and caught hold of her. She shouted but her mouth was closed by cloth. Then she was forcibly taken to a ditch and there the accused committed rape upon her. She could shout only when the cloth was removed from her month after the act of rape was over. On hearing her shouts here uncle Madho came there and on seeing him the accused ran away. The accused even threw a stone at Madho, which resulted in an injury. Then Shanker also came there and he also saw the accused running away. This is in brief the story of the prosectuion. Witnesses P.W. 5. Anokhi Bai, P.W. 4 Madho and P.W. 3 Shanker have been examined to prove the case of the prosecution.

(3.) THE learned Sessions Judge believed the witnesses and observed that the witnesses could not be disbelieved merely because they were relatives or partisan as on this account it was necessary that the statements of the witnesses should be examined carefully.