GORDHAN GANCHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appellant has been convicted by the learned Additional Sessions Judge, (Fast Track), Bhilwara, vide judgment dated 31.10.2001, passed in Sessions Case No. 41/2001, for the offences under Sec. 376, 366, 363 and 323 IPC, and sentenced to various terms of imprisonment and various fines, maximum being life imprisonment with a fine of Rs. 1000.00, in default of payment. of fine, to undergo one year's rigorous imprisonment for offence under Sec. 376 IPC.

(2.) The present prosecution arose on the basis of the statement of one minor Saroj Kumari (Ex.P/4), recorded by the S.H.O., Police Station Subhash Nagar, on 11.7.1999, at the residence of Gangabishan Rathi, on receiving telephonic information. According to Ex.P/4 when the C.I. reached the house of Gangabishan, he found in the Porch of the house available, Gangabishan, his wife Indra Rathi, one Basant Maratha, Sohan Banjara and Miss Saroj D/o Banshilal Soni, aged about 8 years, who was in a terrified condition On interrogation, the girl deposed that it was at about 8.00 PM on that day, she was playing all alone outside her house, that the appellant came on a Bicycle, told her that her elder sister Seema has come on the Bus Stand, and has called her, and therefore, she should accompany him. With this, the appellant carried Saroj on his bicycle by making her sit on the frame-rod of the bicycle. Enroute, from one Grosser Shop, he purchased Biscuits and gave to eat to Saroj. Then instead of taking to Bus Stand, she was taken to Riverbed, where she was fell down, undressed, and was ravished (she has given the details of the act). Feeling pain, she screamed, but accused did not yield. She bled, and received injuries on the neck and other parts of the body. Thereafter, she became senseless, and when she gained sense, there was nobody near her. However, on seeing the light of Tube light from a house, she somehow walked to that house, and called the inmates of that house, who asked her as to what happened, whereupon, she narrated the whole happening, then those inmates called the neighbours, before whom, she again narrated the whole happening. Thereafter, those people made a telephonic call to police. She also stated that even now she is suffering pain and bleeding.

(3.) On this report, a case under Sec. 363, 366, and 376 Penal Code was registered. The girl was medically examined by the Medical Board for determination of age, so also for the sexual assault. Likewise, other necessary investigation was also undertaken, and after completing the investigation, challan was filed in the Court of Judicial Magistrate Ist Class No. 2, Bhilwara. Since the case was exclusively triable by the Court of Session, the case was committed, and ultimately, was tried by the learned trial court.