STATE OF RAJASTHAN Vs. MAHENDRA SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the State of Rajasthan against the judgment and order dated 19. 9. 1987 passed by the learned Sessions Judge, Jodhpur in Sessions Case No. 120/85 by which he acquitted the accused respondents Mahendra Singh of the charge for the offence under Section 376 IPC and Mithia of the charge for the offence under Section 376/114 IPC.

(2.) THE facts giving rise to this appeal, in short, are as follows:- On 28. 9. 1985 at about 10. 30 AM, PW3 Chuki wife of Pemaram, aged 17 years, resident of Beru District Jodhpur (hereinafter referred to as the prosecutrix) lodged an oral report with PW13 Narain Singh, SHO, Police Station Soor Sagar stating inter-alia that on 27. 9. 1985 she and her Nanad Tipu, PW5 went to field for taking fodder for animals and when they were collecting fodder, accused respondents Mahendra Singh and Mithia came there and the accused respondent Mithia first caught the throat of the prosecutrix PW3 Chuki and put her on the ground and he took out knife from his pocket and by one hand pressed her throat and, thereafter, accused respondent Mahendra Singh stretched her both legs and removed her gagra and opened hook of his pent and put down his pent and, thereafter committed rape with her and at the time when accused respondent Mahendra Singh was committing rape on her, accused respondent Mithia was pressing her throat and since cloth was also put on her mouth, she could not make hue and cry. It was further stated in the report that her nanad Tipu, PW5 ran away from the scene after seeing accused respondents and after committing rape, both accused respondents ran away. It was further stated in the report that blood was coming out from her mouth etc. and when she was going to her house, her sister Oogli, PW10 met her on the way and at that time, prosecutrix was weeping and on being asked, she narrated the whole story to her sister Oogli, PW10 and then, she reached her house, where her husband PW4 Pemaram was there and she also told the whole story to him and since there was no means of communication, therefore, the report was lodged on the next day. On this report, police registered the case and started investigation. During investigation, PW3 Chuki was got medically examined by PW12 Dr. B. P. Gupta and her medi- cal examination report is Ex. P/14, where Dr. B. P. Gupta, PW12 found that there was no injury on her person and she was habitual to sexual intercourse. For the purpose of ascertaining her age, X-rays were taken and PW12 Dr. B. P. Gupta, after seeing X-ray plates, opined that her age was between 19 to 20 years and the report is Ex. P/15. After usual investigation, police submitted challan against the accused respondents in the Court of Magistrate, from where the case was committed to the Court of Session. On 20. 2. 1986, the learned Sessions Judge, Jodhpur framed charges for the offence under section 376 IPC against accused respondent Mahendra Singh and for the offence under Section 376/114 IPC against the accused respondent Mithia. THE charges were read over and explained to the accused respondents. THEy denied the charges and claimed trial. During the course of trial, the prosecution, in support of its case, examined as many as 13 witnesses and got exhibited some documents. THEreafter, statements of the accused respondents under Section 313 Cr. P. C. were recorded. In defence, no evidence was led by the accused respondents. THE learned Sessions Judge, Jodhpur through his judgment and order of acquittal dated 19. 9. 1987 acquitted the accused respondents of the charges framed against them holding inter-alia that statement of the prosecutrix PW3 Chuki was not worth reliable as her statement was not being supported by medical and other evidence and there were material contradictions in her statement. Aggrieved from the said judgment and order of acquittal dated 19. 9. 1987 passed by the learned Sessions Judge, Jodhpur, this appeal has been filed by the State of Rajasthan.

(3.) SO far as the medical examination of the prosecutrix PW3 Chuki is concerned, the same is found in her medical examination report Ex. P/14, which shows that she was habitual to sexual intercourse and no marks of injury were found on her person.