RAM RAI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed against the judgment of Sessions Judge, Tonk dated 17.1.82 whereby the accused appellant Ramrai was found guilty under Sec. 376 of the Penal Code and awarded a sentence of 3 years rigorous imprisonment and a fine of Rs. 1000.00. In default of payment of fine it was ordered that he will further undergo 3 months simple imprisonment. According to the prosecution story PW 1 Shanti wife of Dhanna Meena on 15.10.81 at 11.30 AM lodged an oral FIR Ex.P.2 at police station Devali, Distt.Tonk.

(2.) According to the FIR the prosecutrix had gone to ease herself in the evening of 14.10.81 at about 7-8 PM outside the village where she was caught by the accused and she was subjected to rape. According to the FIR she raised hue and cry and her husband PW2 Dhanna came to her rescue. The accused ran away and next day at 11.30 AM the FIR was lodged.

(3.) A case under Sec. 376 of the Penal Code was registered and the accused was challaned in the court of Chief Judicial Magistrate, Tonk from where the matter was sent to the Sessions Judge, Tonk for trial. The accused pleaded not guilty to the charge. Prosecution side examined PW-1 Shanti, PW2 Dhanna, PW3 Mohini, PW 4 Bhuwana, PW 5 Dr. Ramgopal and PW 6 Banshidhar in support of the prosecution story. The defence of the accused was to the effect that one Jagdish had developed illicit relations with Mohini (elder sister of PW 1 Shanti) and later also with Shanti and on 14.10.81 Shanti was seen with Jagdish in a compromising position and certain village people detected the incident. Next day the Panchayat was convened and the accused advised PW 2 Dhanna to be careful about his wife. This enraged Dhanna and Jagdish motivated Dhanna to lodge the FIR against the accused. Hence, a delayed FIR was lodged next day at about noon although according to the FIR Ex.P.2 the place of occurrence is hardly 5 kms. away from the police station. DW 1 Pokhar, DW 2 Ram Singh and PW 3 Hema were examined in defence. They have supported the aforesaid defence version. The learned Sessions Judge heard the arguments and delivered the judgment on 17.1.82 as mentioned above.