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, IPC, to undergo eight year's R. I. and to pay a fine of Rs. 4000/- (in default, further 2 years R. I.) Brief facts:

(2.) A written report (Ex. P. 5) was lodged at police station Patna 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; her 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.) I have considered the points raised by the defence counsel and Pudlic Prosecutor and have perused the entire record. In the instant case, the statements of Ummed (Pw 10) (prosecutrix), her sister, Santosh (Pw l ). & Shishupal (Pw7) who were held as principal witnesses to the incident of alleged rape, and that of Dr. R. R. John (Pwl2), are acted upon as a basis by the trial Court for a finding of guilt against the appellant which calls for a more intrinsical examin-ation than has been done by the trial Court.