MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are being decided by this common judgment as both have been preferred against the common judgment and order dated 6-2-1999 passed by the learned Addl. Sessions Judge No. 2, Chittorgarh in Sessions Case No. 29/96 by which he acquitted the accused-respondents-Shanker Lal, Mangilal, Suresh Chandra and Nanuram for the offence under Ss. 366/149, 376/149, 379, 379/149, I.P.C. and he also acquitted the accused-appellants-Mohan for the offence under Ss. 376/149, 379/149 and Udailal for the offence under S. 376, I.P.C. but convicted accused-appellants-Mohan for the offence under S. 366 and Udailal for the offence under Ss. 366 and 379, I.P.C. and sentenced them in the following manner :- Name of accused appellants Convicted under section Sentence awarded

(2.) The facts giving rise to these appeals, in short, are as follows :- On 7-11-1995. P.W. 13 Mst. Naru widow of Bhagwanlal, aged 21 years (hereinafter referred to as the prosecutrix) lodged an oral report (Ex. P/15) with the Police Station Beghu District Chittorgarh before P.W. 12 Netrapal Singh stating inter-alia that before 8 days, her maternal uncle in-law Mohan (accused-appellant) took her from her in-laws' house to Upreda for the purpose of giving lugari to her. It was further stated in the report that 4 days back, he again came back in the evening and asked her to go to Joganiya Mata, but she refused to go there. However, when he told her that there were so many ladies, then she agreed to go with him and then a Jeep came there and she sat in the jeep and in that Jeep, some accused persons were also there. The driver of the Jeep was Mohammedan. It was further stated in the report that she reached Joganiya Mata at about 2.00 a.m., where one Chowkidar also met and when she reached there, accused-appellant-Mohan and accused-respondent-Suresh asked her that she would be married with accused-appellant-Udailal, upon this, she refused, but she was threatened and her marriage was performed with accused-appellant-Udailal and she was allowed to remain in a room. Where accused-appellant-Udai Lal had sex with her against her will. Thereafter, they left her to Muroli in the morning and from where she went to her parents' house and told the whole incident to her mother P.W. 4 Mst. Noji and brothers P.W. 5 Devilal and P.W. 3 Kishan. On this report, police registered the case for the offence under Ss. 366, 376 and 379, I.P.C. and started investigation. During investigation, the prosecutrix P.W. 13 Mst.Naru was got medically examined by P.W. 8 Dr. Goruram and her medically examination report is Ex.P/8, where no injury was found on her person and there was no evidence of fresh penetration and her age was mentioned above 18 years. After usual investigation, police submitted challan against the accused persons in the Court of Magistrate, from where the case was committed to the Court of Session. On 21-6-1997, the learned Addl. Sessions Judge No. 2, Chittorgarh framed charges against the accused persons in the following manner :- Name of accused persons Charges framed (1) Udailal 366/149, 376, 379, I.P.C. (2) Nanuram 366/149, 376/149, 379 or 379/149, I.P.C. (3) Suresh Chandra -do- (4) Mangilal -do- (5) Shankarlal -do- (6) Mohan -do-@@@ During trial, the prosecution in support of its case examined as many as 14 witnesses and got exhibited some documents. Thereafter, statements of the accused persons under S. 313, Cr. P.C. were recorded. In defence, no evidence was led by the accused persons. After conclusion of trial, the learned Addl. Sessions Judge No. 2, Chittorgarh through his judgment and order dated 6-2-1999 acquitted the accused-respondents-Shanker Lal,Mangilal,Suresh Chandra and Nanuram for the offence under Ss. 366/149, 376/149, 379, 379/149, I.P.C. and also acquitted the accused-appellants-Mohan for the offence under Ss. 376/149, 379/149, I.P.C. and Udailal for the offence under S. 376, I.P.C., but convicted accused-appellants-Mohan for the offence under S.366 and Udailal for the offence under Ss. 366 and 379, I.P.C. and sentenced them in the manner as indicated above holding inter alia :-

(3.) In this appeal, the following submissions have been made by the learned counsel appearing for the accused-appellants-Mohan and Udailal :-