SALIM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Salim, the accused-appellant along with one Rafique was tried by learned I Sessions Judge, Merta on charges under sections 366, 376 and 323 I. P. C. The I learned Sessions Judge convicted the appellant and his co-accused Rafique by judgment dated March 26, 1980 under sections 366, 376 and 323 I. P. C. After hearing the accused-appellant and Rafique on the quantum, the learned Sessions Judge by a separate order dated March 26, 1980 sentenced both the accused to various punishments under the aforementioned three sections. The accused-appellant was sentenced to undergo seven yeats'rigorous imprisonment under section 376 I. P. C. five years rigorous imprisonment under Sec. 366 I. P. C. and to six months' rigorous imprisonment under section 323 I. P. C. The substantive sentences were ordered to run concurrently.

(2.) Two appeals were filed in this Court. One by Rafique, which was registered as S. B. Criminal Appeal No. 140/80 and the other by the accused-appellant Salim, which has been registered as S. B. Criminal Appeal No. 239/80. The appeal of Rafique came up for admission before another Judge of this Court and : A at the admission stage, the learned Judge maintained the conviction and sentence j of the accused Rafique under sections 366 and 323 I. P. C., but modified him conviction under section 376 I. P. C. to one under section 376 read with section 511 I. P. C. and sentenced the accused Rafique to undergo five years' rigorous imprisonment for the said offence

(3.) As the learned advocate has not challenged the conviction and sentence of the accused under sections 366 and 323 I. P. C. and has only submitted that in view of the decision of the appeal of Rafique, the conviction of the accused should also be modified from section 376 to 376 read with 511 I.P.C., it is not necessary for me to give the facts of the case in detail. Suffice it to say that the incident which took place with Smt. Bhanwari, a girl of 16 years of age is a serious incident. It is alleged that on Dec. 9, 1977 at 12 noon when Smt. Bhanwari was going on the road, the accused-appellant, who is a conductor of a truck No RRQ 4148 and Rafique, the driver of the said truck on seeing Smt. Bhanwari stopped the truck, came out and forcibly lifted Smt Bhanwari to the truck. The truck was driven in the jungle and there Smt. Bhanwari was ravished by Rafique twice and once by the accused-appellant. The act of abduction of Smt. Bhanwari was witnessed by Nandlal PW 3 and Jagdish Prasad PW 9. Before they could do anything, the accused and Rafique drove away the truck. One Ram Singh along with Ladu Singh PW 5 chased the truck on his motor cycle. Meanwhile information of the crime was lodged with Kuchaman City without any delay. Nichhatra Singh PW 10 S. H. O. Police Station Sikar and A. S. I. Ramswaroop PW 4 intercepted the truck near Sikar. The accused and Rafique were found naked as also Smt. Bhanwari, who was found lying on a seat behind the driver and blood was coming out not from her private parts but she was also having many injuries including a fracture of a bone. Smt. Bhanwari was examined by Dr. (Mrs.) C. P. Sharma, as also by Dr. Bhagwati Prasad, the medical jurist of the I S, K. Hospital, Sikar and by Dr. Shankar Lal.