RAMESHWAR LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant against the judgment and order dated 18.7.1988 passed by the learned Addl.

(2.) THE facts giving rise to this appeal, in short, are as follows : - On 20.4.1986 at about 5.30 PM, PW.4 Baldev Singh lodged a written report Ex.P/3 with the Police Station Suratgarh stating inter -alia that on that day in the morning, he went to Sangar in Government Dispensary for taking some medicines as his treatment was going on for the last two months and his mother had gone for doing labour work and at his house, his wife Nasibkaur, PW -2 (hereinafter referred to as the prosecutrix) was alone. It was further stated in the report that accused appellant, who used to deal in wine, taking advantage of the fact that his wife prosecutrix PW -2 Nasibkaur was alone in the house, entered his house at about 10.00 AM in the morning. It was further stated in the report by PW -4 Baldev Singh that he was told by one Sewak Singh that accused appellant committed rape with his wife prosecutrix PW -2 Nasibkaur and thereupon, he came to his house and he was told by his wife prosecutrix PW -2 Nasibkaur that accused appellant committed rape with her. The prosecutrix PW -2 Nasibkaur further informed her husband PW -4 Baldev Singh that when she made hue and cry, Vishambhar also came there and seeing him, accused appellant ran away from the scene. He also found some abrasions on finger of her hand and one injury below eye. PW -3 Indra Singh also came there. On this report, police registered the case and chalked out regular F.I.R. Ex.P/4 and started investigation. During investigation, the prosecutrix PW -2 Nasibkaur was got medically examined by PW -1 Dr. Sahiram and her medical examination report is Ex.P/1. The accused appellant was arrested through arrest memo Ex.P/6. 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 15.10.1986, the learned Addl. Sessions Judge No. 2, Hanumangarh framed charges for the offence under Sections 376 and 450 I.P.C. against the accused appellant. The charges were read over and explained to the accused appellant. The accused appellant denied the charges and claimed trial. During the course of trial, the prosecution in support of its case examined as many as 8 witnesses and got exhibited some documents. Therefore, statement of accused appellant under Section 313 Cr.P.C. was recorded. In defence, one witness DW -1 Anguri wife of accused appellant Rameshwarlal was produced. In the statement recorded under Section 313 Cr.P.C, the accused appellant has admitted the fact that he had old relationship with the prosecutrix PW -2 Nasibkaur and on the relevant day, he entered her house as per her invitation and thereafter, his wife DW -1 Anguri came there and DW -1 Anguri beat prosecutrix PW -2 Nasibkaur. After conclusion of trial, the learned Additional Sessions Judge No. 2, Hanumangarh through his judgment and order dated 18.7.1988 convicted the accused appellant for the offence under Sections 376 and 450 I.P.C. and sentenced in the manner as stated above holding inter -alia that prosecution has proved its case beyond all reasonable doubts against the accused appellant for the said offences. Aggrieved from the said judgment and order dated 18.7.1988 passed by the learned Additional Sessions Judge No. 2 Hanumangarh, the present appeal has been filed by the accused appellant.

(3.) ON the other hand, the learned Public Prosecutor supported the impugned judgment and order passed by the learned Additional Sessions Judge No. 2 Hanumangarh.