NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Jail appeal is directed against the judgment dated 11.2.1999 passed by the learned Additional Sessions Judge No. 1, Bundi by which he convicted the accused appellant under and sentenced him to undergo 7 years' rigorous imprisonment with a fine of Rs. 500/-, in default thereof, to undergo two months imprisonment on the first count and to undergo one month's rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine, to further undergo one week's imprisonment. The sentences were ordered to run concurrently.

(2.) The prosecution case, in nut shell, is that Narbda wife of Papu Bheel alongwith her brother Basantha S/o Shri Mangi dal came to Police Station, Kota Dam (Dabi) and submitted oral report to the effect that about 10-15 days back she had gone to her parents at village Mehrana. Yesterday, her parents made her to run away and, therefore, she left Mehrana for Village Kharipur and came to Kunhari Petrol Pump, took lift in a truck and reached Kharipur crossing at 4.00 PM. while, she was going to her Village on her foot and when she reached near the drain of Gurdia Mahadev, Nathu Bheel of her village all of sudden came out of the drain and caught hold of her. He took her in his lap and went to the closure where he put her down behind the wall and committed rape on her against her wishes. She raised cries, but the accused left her only after fulfilling his sexual lust. Accused also threatened her to kill if she narrates the incident in the village. Thereafter she reached her home and informed her brother and brother's wife about the incident. She explained that on account of non-availability of transportation, she could not come and lodge the report in the evening. On the basis of this report, police registered a case vide FIR No. 56/96, Ex.P. 1 for offence under Sections 341 and 376 IPC and proceeded to investigate the case. During investigation the police got to prosecutrix medically examined, vide Ex. P 3 prepared site plan Ex.P. 6, seized Ghagra of the prosecutrix vide Ex.P. 7 and recorded the statements of the witnesses under section 161 Cr.P.C. After completion of investigation, the police submitted a charge sheet against the accused appellant under Section 376 and 341 IPC in the court of learned Additional Chief Judicial Magistrate, Bundi, who committed the case ta the court of Sessions.

(3.) The learned trial court after considering the material on record, framed charges against the accused. The charges were read over to the accused, to which he pleaded not guilty and claimed trial. During trial, the prosecution in support of its case examined PW. 1 Smt. Narbda prosecutrix, PW 2 Roshan Bai, sister-in-law (bhabhi) of the prosecutrix, PW 3 Bishna, brother of the prosecutrix, PW 4 Ramesh, PW 5 Dr. Anil Kumar Arora, who examined the accused. PW 6 Dr. Seema Arora, who examined the prosecutrix, PW 7 Jagdish Singh, H.C., PW 8 Ram Prakash, Constable PW 9 Narendra Singh A.S.I. who investigated the case and PW 10 Shri Brijraj Singh, Station House Officer. The prosecution also exhibited some documents to prove its case. Thereafter. the trial court examined the accused under Section 313 Cr.P.C., wherein he stated that he did not commit rape on Narbda. He was at his field and was cutting the crop at the time of incident and he has been falsely implicated by the brothers of Narbda. After completion of trial, the learned Additional Sessions Judge convicted and sentenced the accused appellant as aforesaid.