MALARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment dated 15.9.89 passed by the Additional Sessions Judge, Neem Ka Thana (District Sikar) convicting and sentencing the appellant under Sec. 376, Indian Panel Code, to undergo eight year's RI and to pay a fine of Rs. 4,000.00(in default, further 2 years' R.I.). Brief facts-

(2.) A written report (Ex. P.5) was lodged at police station Patan on 6.2.88 by Jal Singh alleging therein that his two daughters, namely, Ummed aged 13 years and Santosh aged 9 years, had gone to the forest to graze his male and female calves; Ummed being dumb, upon her, Malaram (appellant) committed rape at 5 p.m. and when her sister, Santosh tried to save Ummed, she was slapped to go away; that, thereupon, Santosh started to her house where she was found weeping and she narrated tale of woe about rape upon her sister, Ummed and thereafter Shishupal Singh arrived at the house alongwith Ummed and stated that Malaram has committed rape upon Ummed which he had seen and when he rescued, Malaram went away; he; clothes were stained with blood. It had been alleged therein that upon narration of the tale of woe about rape at his house, he, Amar Singh, Bhopal Singh, Jaswant Singh went in search of Malaram to the colony of Bheels and made enquiries but they were beaten by Mahavir, Moolram Meena thereby they sustained injuries.

(3.) Upon the said report, criminal case was registered at the police station and the investigation commenced. The challan was presented in the Court of Munsif and Judicial Magistrate, Neem Ka Thana against the appellant for the offence punishable under Sec. 376, Indian Panel Code. The Magistrate committed the case for trial to the Court of Sessions. The charge was framed and read over to the appellant who pleaded not guilty claiming trial. The prosecution examined 17 witnesses. The appellant was examined under Sec. 313, Crimial P.C. He examined Khet Singh as DW 1. The learned trial Court after hearing the parties, and discussion of the evidence on record, found the appellant guilty of the offence under Sec. 376, Indian Panel Code, and sentenced him as indicated above. Hence this appeal.