PAPPU Vs. STATE

JUDGEMENT

(1.) ACCUSED appellant Pappu has been convicted by the learned Addititional Sessions Judge, Hanumangarh Under Section 376 IPC and sentenced to undergo four years rigorous imprisonment and to pay a fine of Rs. 500/ -, in defult of payment of which he has further to suffer two months rigorous imprisonment.

(2.) IN a nutshell the case of the prosecution is this. One Gafoor Khan is the father of Smt. Phoola, PW 1. His field and the field of Taru, father of accused appellant are adjacent to each other in Bhukarka -ki -rohi. Smt. Phoola aged 16 years along with her younger brother Munshi then aged about 12 -13 years had gone to her fields for work. She was conducting weeding operations in her field and it is alleged that at 11 A.M. the accused along with three others viz. Ramu, Suresh and Raju came there. The accused appellant is said to have caught hold of Phoola and he and others took her to a room in the fields of accused. It is alleged that Phoola was placed on a cot and the accused appellant and other ravished her. She put resistance but to no effect. It is further alleged that she was made to gulp liquor, half bottle of it and became unconscious and also vomitted. The accused appellant is said to have shown a pistol to the younger brother of Phoola as a result of which the brother went away.In the evening at about sun set Munshi, younger brother of Phoola went to his house and narrated the incident to Smt. Salma. Smt. Salma came to the field and saw her daughter Phoola was lying there. She was taken to the house. On the next day of occurrence on February 3, 1974 at about 12.30 in the noon, a report was lodged by Phoola in police station, Nohar, District Ganganagar and investigation was set in motion.

(3.) THE S.H.O. Shri Hari Singh PW 5 after the report had been lodged in the police station, went to the spot and prepared the site plan Ex. P. 4. A hair clip which was identified by Phoola as belonging to her was found in the room where she was ravished. It was found in the almirah. He also noticed that there were some marks which suggested that she had been raped. The accused appellant was arrested on February 11, 1974. at about 11 a.m. Other accused persons were also arrested and the accused appellant along -with two others was sent for medical examination and that was only to know as to whether the accused were capable of doing sexual intercourse. Dr. Jagdish Prasad PW 4 examined the acaused on the same day and reported that the accused and two others who were sent to him for medical examination were mature and were capable of sexual intercourse. The 'ghaghara' which Phoola was wearing at the time of the rape was also seized and was was sent for chemical examination. The chemical examiner in his report Ex. P. 7 found that there was human semen in 'ghaghara'. Blood was also detected.