GHEWAR RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment and order dated 4-4-1998 passed by the learned Addl. Sessions Judge, Sojat, District Pali in Sessions Case No. 34/94, by which he convicted the accused-appellant for the offence under Section 376, IPC and sentenced him to undergo ten years' rigorous imprisonment and to pay fine of Rs. 100/-, in default of payment of fine, to further undergo 15 days imprisonment.

(2.) The facts giving rise to this appeal, in short, are as follows :- On 19-9-1994, one Sagsingh, Sub-Inspector, Police Station Nana, District Pail came to Jodhpur in connection with investigation of some case and during the course of investigation at Jodhpur, he received information that rape has been committed by accused-appellant Ghewar Ram with the daughter of PW2 Andaram. Thereafter, he immediately arrived at village Bhaniya in the District of Pali and called PW2 Andaram and his daughther Kama and upon this, PW2 Andaram desired that medical treatment of his daughter Kama be got done at Jodhpur. On the same day, he reached at Police Station, Udaimandir and recorded the statement of PW2 Andaram. In his statement Ex. P/6, PW2 Andaram has stated that on Dasham (14-9-1994) in the morning his daughter PW4 Kama (hereinafter referred to as the child prosecutrix) aged 6 years went to jungle to graze the cows and at about 11.00 a.m. she returned to the house veiling and weeping and when she was asked by him and his wife PW3 Gogli as to why she was veiling and weeping, the child prosecutrix PW4 Kama told that when she was grazing the cows, accused-appellant came and after putting his hands on her mouth, he took her to the bushes of bawaliya and put her on the ground and sat on her and removed her underwear and then put his penis into her vagina, as a result of which, blood came out and she was having pain. It was further stated by PW2 Andaram that when he and his wife PW3 Gogli opened her underwear, they found that it was fully stained with blood and blood was also found on her frock and blood was also coming out from her vagina. Thereafter, PW2 Andaram called neighbours, namely, PW6 Joraram and PW5 Nainaram and they all and other villagers of village assembled in the temple and, thereafter, Kesharam, father of the accused-appellant, was called and he admitted that his son accused-appellant Ghewar Ram had committed mistake and he further told that whatever penalty would be imposed on the accused-appellant by the villagers, he would accept the same and, thereafter, penalty of Rs. 25,000/- was imposed. Thereupon, the accused-appellant ran away and did not pay the same amount. PW2 Andaram has further stated that villagers asked him not to go Thana and has further stated that since he was poor, therefore, he could not lodge the report. Since that case falls within the jurisdiction of Police Station Sheopura, the statement Ex. P/16 of PW2 Andaram was sent to the Police Station Sheopura, where the case was registered on 20-9-1994 and regular FIR Ex. P/7 was chalked out by PW9 Manoharlal and investigation was started. During investigation, accused-appellant was arrested on 3-10-1994 through Ex. P/12. The child prosecutrix PW4 Kama was got medically examined by PW10 Dr. M. P. Joshi on 20-9-1994 and the same is Ex. P/8. After usual investigation, police submitted challan against the accused-appellant in the Court of Magistrate, from where the case was committed to the Court of Session. On 12-12-1994, the learned Addl. Sessions Judge, Sojat framed charge for the offence under Section 376, IPC against the accused-appellant. The charge was read over and explained to the accused-appellant, who pleaded not guilty and claimed trial. During trial, the prosecution in support of its case examined as many as 11 witnesses and got exhibited some documents. Thereafter, statement of the accused-appellant under Section 313, Cr. P.C. was recorded. In defence, two witnesses were produced by the accused-appellant. After conclusion of trial, the learned Addl. Sessions Judge, Sojat through his judgment and order dated 4-4-1998 convicted the accused-appellant for the offence under Section 376, IPC and sentenced him in the manner as indicated above holding inter alia:-

(3.) That statement of the child prosecutrix is further corroborated by the medical evidence.