INDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant against the judgment and order dated 27-7-1987 passed by the learned Sessions Judge, Churu in sessions case No. 88/84 by which he convicted the accused appellant for the offence under Section 376 IPC and sentenced him to undergo four years RI and to pay fine of Rs. 250.00, in default of payment of fine, to further undergo two months RI.

(2.) It arises in the following circumst-ances :- On 5-10-1984 at about 11.20 p.m. PW7 Ramrakharam lodged a written report Ex. P/8 with the Police Station Ladnu District Nagpur stating inter-alia that on 4-10-1984 in the morning he went to his father-in-law's house and her daughter Bhanwari. PW 1, aged about 11 years (hereinafter referred to as the prosecutrix) went to jungle for the purpose of grazing goats and in the noon, the prosecutrix went to Odana Nadi for the purpose of drinking water to goats and in the Nadi, accused appellant was also grazing his flock of goats and he following prosecutrix PW 1 Bhanwari forcibly caughthold and put her on the ground and started to commit rape with her and she started crying, but he did not allow her to go and then he committed rape with her and at that time, PW 2 Kishan Singh and PW 3 Kushlaram came there, after hearing cries of the prosecutrix PW 1 Bhanwari and seeing them, accused appellant ran away from the scene. It was further stated in the report that as soon as he came from Kanuta, he was told about the whole incident by the prosecutrix PW 1 Bhanwari and then he lodged the report.

(3.) On this report, FIR Ex. P/10 was chalked out at Police Station Ladnu District Nagaur and since the matter pertained to the Police Station Sandwa and not to the Police Station Ladnu District Nagaur, the report Ex. P/8 along with FIR Ex. P/10 was sent to the Police Station Sandwa, where case was registered on 6-10-1984 and regular FIR Ex. P/11 was chalked out and police of Sandwa started investigation. During investigation, the medical examination of the prosecutrix PW 1 Bhanwari was got conducted by PW 5 Dr. J. L. Jhajharia on 7-10-1984 and her medical examination report is Ex. P/3. The accused appellant was also got medically examined by PW5 Dr. J. L. Jhajharia and his medical examination report is Ex. P/4. The accused appellant was arrested on 8-10-1984 through arrest memo Ex. P/13. 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 15-1-1986, the learned sessions Judge, Churu framed charge for the offence under Sections 376 IPC against the accused appellant. The charge was read over and explained to the accused appellant, who pl- eaded not guilty and claimed trial. During the course of trial, the prosecution in support of its case examined as many as nine witnesses and got exhibited some documents. Thereafter, statement of the acused appellant under Section 313 Cr. P.C. was recorded. In defence, no evidence was produced by the accused appellant. After conclusion of trial, the learned Sessions Judge, Churu through his judgment and order dated 27-7-1987 convicted the accused appellant for the offence under Section 376 and sentenced him in the manner as indicated above holding inter-alia that from the statement of the prosecutrix PW1 Bhanwari, it is well proved that the accused appellant commited rape with the prosecutrix PW1 Bhanwari and the argument of the learned counsel appearing for accused in the trial Court that since the report was lodged by the father of the accused appellant against PW 7 Ramrakharam, PW 2 Kishan Singh, PW 3 Khushlaram and others, therefore, false report was lodged against the accused appellant, was not accepted by the learned Sessions Judge as the report by PW 7 Ramrakharam was lodged earlier to the report lodged by the father of the accused appellant. Aggrieved from the said judgment and order dated 27-7-1987 passed by the learned Sessions Judge. Churu, this appeal has been filed by the accused appellant.