SRI KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused against the judgment of learned Additional Sessions Judge, Gangapur City dated 5.3.1984 whereby the accused-appellant was found guilty under Sec. 376, Penal Code and was awarded two years' Rl for the same. He was also found guilty under Sec. 323, Penal Code and was awarded a fine of Rs. 200.00. In default of payment of fine he is to undergo one month's S.l.

(2.) According to the prosecution story, P.W. 6 Prabhu Dayal Koli on 28.1.83 at 1.45 p.m. lodged a written FIR (Ex.P.11) at police station, Gadhmora to the effect that on the previous day at about 5 p.m., his wife Smt. Sona was in the agricultural field where she had gone for safety of the crop and the accused-appellant took her to the field of Giri Raj S/o Narain Meena and committed rape in the standing crop of the said field. According to the report, the accused, during course of the offence, strangulated Smt. Sona by virtue of which, she became unconscious. Subsequently, she regained consciousness and returned to the village to narrate the incident to her husband. According to the F.I.R. she was taken by her husband Prabhu Dayal to the dispensary situate at Bamanwas at 9.30 p.m. on 27.1.83 but the concerned doctor refused to examine her unless advised by the police to do so. A case under Sec. 376 Penal Code was registered and ultimately, challan was filed in the court of learned Magistrate who committed the case to the court of Sessions and the accused was charged for the said offences. The accused- appellant pleaded not guilty.

(3.) P.W.1 Dr. Mohan Lal Gupta, P.W.2 Himmat Singh, P.W. 3 Ramesh, P.W.4 Jugal Kishore, P.W.5 Bhourilal, P.W.6 Prabhu Dayal, P.W.7 Prithvi Raj, P.W. 8 Om Prakash Sharma, RJS., and P.W.9 Rooparam were examined by the prosecution. Smt. Sona (prosecutrix) could not be examined as witness in the court as in the meanwhile she is said to have died for other reasons. The statement of the accused-appellant was recorded under Sec. 313, Crimial P.C. He denied the allegations completely and stated that the case has been lodged against him at the behest of the local M.L.A. He further stated that sub-Divisional Magistrate and other officers were in the village on 27.1.83 and he was with them for whole of the day.