POONMARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) As both the appeals arises out of the same judgment dated Oct. 19, 1976, of the learned Additional Sessions Judge No. 1, Jodhpur, both are being disposed of by a common judgment.

(2.) The learned Additional Sessions Judge convicted accused appellant Somaram under section 376 Penal Code and sentenced him to undergo two years rigorous imprisonment and a fine of Rs. 300.00 in default of payment of fine, he has to further suffer four months R.I. This accused and the other two accused appellants Kalu Singh and Poonmaram have been convicted under section 392 Penal Code and each of them has been sentenced to undergo one year's R.I. and a fine of Rs. 100.00 or in default of payment of fine to further suffer three months R.I. The substantive sentences of accused Somaram under both the counts have been ordered to run concurrently.

(3.) In brief the case of the prosecution is this: On May 19, 1975 Smt. Kanwara PW 5 along with Amar Singh PW 7 reached Pokaran bus stand when it had become dark. They were strangers to the place and as such were in search of a place for stay during the night. It is alleged that Poonma accused appellant met them at the bus stand and he offered kanwara and Amarsingh that they could stay at his house. It is alleged that when Smt. Kanwara and Amarsingh were in a room inside the house of Poonmaram, Poonmaram and Somaram accused appellants came there and knocked the door which was opened. They enquired of Amarsingh as to whether he knew anybody in the village and Amarsingh gave out that he knew Kalusingh constable. Then Kalusingh was sent for but seeing him Amarsingh gave out that he was not that Kalusingh who was known to him. It is said that Amarsingh was beaten by all the three persons and a sum of Rs. 50.00 was taken from him. Smt. Kanwara was taken by accused Somaram to his house alongwith her box of tin which was locked. Somaram asked Kanwara to give her all which she had but she gave out that she had not the key of the box and it was with Amarsingh. Somaram went to Amarsingh and brought the key and a sum of Rs. 219.00 was taken away from the box. It is further the case of the prosecution that Somaram committed sexual intercourse with Smt. Kanwara against her wish. In the next morning both Amarsingh and Kanwara left for their village by bus. They narrated the incident to Bhanwarsingh PW 6 who went to police station, Pokaran and lodged a report Ex. p. 3 there on May 23, 1975. A case was registered and investigation was sent in motion.