SAITANA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is filed by the accused Saitana Ram, against the order of conviction dated 20.4.91, passed in respect of the appellant Saitana Ram by the Additional Sessions Judge, Bikaner, in Sessions Case No. 25 of 1989, State v. Saitana Ram , under Section 376 of the IPC.

(2.) According to the FIR Ex.P/1, PW-1 Anopa Ram and his wife PW-4 Smt. Shanti were working in their field and at about 9 PM while Shanti was returning to her house from the agricultural field, the accused caught hold of her and committed rape in a watercourse. She raised hue and cry and her husband rushed to the spot. The accused took to his heels and the FIR Ex.P/1 was lodged at Police Station, Bajju, by Smt. Shanti and her husband Anopa Ram. The case under section 376 of the IPC was registered and ultimately a challan was filed against the accused. The accused pleaded not guilty.

(3.) The prosecution side examined 7 witnesses in support of its case. DW-1 Tulsi Das was examined in defence. He has stated to the effect that prior to the incident in question the 'Panchayat' of the village was was convened in respect of a complaint by the accused to the effect that Anopa Ram was in the habit of grazing his cattle in the field of the accused and when the latter objected, Anopa Ram gave him a severe beating. The 'Panchayat' found substance in the complaint and gave a judgment to the effect that Anopa Ram will compensate the accused by delivering 4 Kg. 'Ghee' to him. According to the witness, after this judgment of the 'Panchayat' he learnt that the accused was implicated by Anopa Ram in a case of rape.