SOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants Sohan Singh and Kalyan Singh have been convicted by the learned Special Judge S.C./S.T. (Prevention of Atrocities) cum AddI. Sessions Judge, Bikaner by the impugned judgment dt. 13/7/1999 passed in Sessions Case No. 20/95, for the offence under Section 457 and 376 I.P.C. read with Section 3(2)(v) of the S.C./S.T. (Prevention of Atrocities) Act, 1989, (hereinafter to be referred as the act) and has been sentenced to imprisonment for life with a fine of Rs. 1000.00, in default of payment of fine to undergo six months S.I. under Section 376 I.P.C., for the offence under Section 457 I.P.C. with a sentence of four years R.I., and a fine of Rs. 500.00, in default of payment of fine to undergo further Simple Imprisonment for a period of 3 months.

(2.) Facts of the case are that on 21/2/1995, one Smt. Genu Devi lodged a report at Police Station Gajner alleging inter alia that in village Hadla Bhatiyan she alongwith her husband lives separately from her father-in-law. On 19/2/1995 her husband had gone to Nokha for some domestic work, and she along with two children Bhanwara Ram aged 4 years, and Manju aged 1 year respectively, had slept in the Sal after taking dinner. It was alleged that the entrance of Sal did not have any door. At about 11/11-30 in the night one match stick was ignited in the Sal whereupon she woke up, and saw the two appellants being there, whereupon she raised cry, and then Kalyan Singh gagged her mouth with one hand, and made her to fell down by holding another hand, then, Sohan Singh committed rape on her. Thereafter Sohan Singh gagged her mouth, and Kalyan Singh committed rape on her. After completing the act, when she was released, she raised cry, whereupon the two accused threatened, by calling her in the name of her caste (Dhedhni), to the effect that if she shouts she would be shot dead. She was also commanded to remain there, as they propose to bring some more people. With this two accused went away. It was alleged that the prosecutrix, in nude condition, went weeping to her uncle-in-law Puran Rams house, where his wife Bhanwari Devi provided her garments, then Puran Ram and his son Madan Lal, and neighbours of locality also arrived and to them she narrated whole incident. Hsatu Devi had seen two accused going away from her house. In the morning Puran Ram brought Bhera Ram (father-in-law of the prosecutrix), from his field, then her another uncle-in-law Hukma Ram, who was serving at Ganganagar was sent for on telephone. Thereafter she kept on waiting for her uncle-in-law, and her husband to arrive, but since they did not come she came to the police station alongwith Bhera Ram, and lodged a report. On this report a case under Section 376, 34 I.P.C. and Sec. 3(10) the act was registered.

(3.) After usual investigation, the challan was filed against the appellants significantly for the offence under Sections 354, 457 I.P.C. and Section 3(10) of the act. Since the offence under the act was exclusively triable by the Special Court, the learned Magistrate vide order dt. 5/5/1995 committed the case to the Special Court.