CHHATIYA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Chhatiya against his conviction under sec. 376 of the Indian Penal Code by the Additional Sessions Judge of Merta.

(2.) THE case relates to an incident which took place on the 10th of October, 1949, at about 7 P. M. THE prosecution story! was that Mst. Sayran was returning home from the fields, when the appellant came from behind and threw her down in Tejia's field in village Ajjasaria, and raped her. While he was doing so, two persons, namely, Mana and Ghama, happened to turn up. THEy had heard a cry and saw the appellant on top of Mst. Sayran. On their arrival, the appellant ran away. Mst. Sayran also got up, and went away to the village. She reported the incident to her husband that very evening; but the husband did not report the matter in the Thana till 24 hours afterwards. It may be mentioned that the! Thana is only about two miles from village Ajjasaria.