JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused-appellant against the judgment and order dated 2-8-2001 passed by the learned Addl. Sessions Judge, Nohar, Distt. Hanumangarh in Sessions Case No. 40/2000 by which he convicted and sentenced the accused-appellant in the following manner :- Name of accused appellant Convicted under section Sentence awarded Jaswant Singh 376(1) IPC Seven years RI and to pay fine of Rs. 10,000.00, in default of payment of fine to further undergo RI for three months. 324 IPC Six months RI. 323 IPC Two months RI. @@@ All the above substantive sentences were ordered to run concurrently. #

(2.) The facts giving rise to this appeal, in short are as follows :- On 25-6-2000 at about 6.00 p.m. P.W. 1 Kalawati (hereinafter referred to as the prosecutrix) wife of Kanaram lodged an oral report Ex. P/1 with the Police Station Rawatsar before P.W. 3 Maonhar Lal stating inter alia that her husband (Kanaram) had gone towards the side of Hanumangarh along with the Revad and in the morning of 25-6-2000 at about 9.00 a.m. she went towards the north tibba for the purpose of satisfying nature's call and when she sat for the above work along with the lotta, a person came behind her and after hearing some sound, she stood up and found that the said person was accused-appellant-Jaswant and the accused-appellant came before her and encircled her by his hands and put her on the ground, but she stood up and tried to run away, but ultimately in third attempt, the accused-appellant put her on the ground and after lifting her gagra and after opening his paijama and kachha, he committed rape with her and during that process, she was crying. It was further stated in the report that the accused-appellant bite her chin of left side and when she made resistance, accused-appellant gave a fist blow on her right chin and during struggle, her bangles were broken and she also received injuries on her wrist because of broken bangles. It was further stated in the report that after hearing her cries, P.W. 2 Kumbharam came there and, thereafter, the accused-appellant ran away towards the field. It was further stated in the report that during struggle, she also received some abrasions and after coming over to her house, she narrated the whole incident to her sister and mother-in-law. On this report, police registered the case and chalked out regular FIR Ex. P/2 and started investigation. During investigation, site plan Ex. P/3 was prepared by the police and through Ex. P/4, P.W. 6 Jassaram seized borla, one lotta of steel and broken bangles of the prosecutrix from the place of occurrence. The accused-appellant was arrested through arrest memo Ex. P/5. On the same day i.e. on 25-6-2000, the prosecutrix P.W. 1 Kalawati was got medically examined by P.W. 4 Dr. Hanuman Singh and her medical examination report is Ex. P/8. After usual investigation, police submitted challan against the accused-appellant in the Court of Magistrate, from where the case was committed to the Court of Session. On 19-9-2000, the learned Addl. Sessions Judge, Nohar framed charges for the offence under Ss. 376(1), 324 and 323, I.P.C. against the accused-appellant. The charges were read over and explained to the accused-appellant. The accused-appellant denied the charges and claimed trial. During trial, the prosecution in support of its case examined as many as 7 witnesses and got exhibited some documents. Thereafter, statement of the accused-appellant under S. 313, Cr. P.C. was recorded. In defence, no evidence was produced by the accused-appellant. After conclusion of trial, the learned Addl. Sessions Judge, Nohar through his judgment and order dated 2-8-2001 convicted the accused-appellant for the offence under Ss. 376(1), 324 and 323, I.P.C. and sentenced in the manner as indicated above holding inter alia that the prosecution has proved its case beyond all reasonable doubts against the accused-appellant for the said offences and he has placed reliance on the statements of the prosecutrix P.W. 1 Kalawati and P.W. 2 Kumbharam and other corroborative evidence and medical evidence. Aggrieved from the said judgment and order dated 2-8-2001 passed by the learned Addl. Sessions Judge, Nohar, this appeal has been filed by the accused-appellant. #

(3.) In this appeal, the following submissions have been raised by the learned counsel appearing for the accused-appellant:-