KANUDA @ KANARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been preferred the, appellants against the judgment dated 28.1.2005 passed by the Additional Sessions Judge (Fast Track) No. 2, Pali in Sessions Case No. 26/2005, whereby the appellants were convicted and sentenced as under:

(2.) Succinctly stated, the facts of the case are that the prosecutrix Mst. "A" submitted a typed report (Ex.P-29) to the Station House Officer, Women Police Station, Pall on 8.4.2004 with the allegation that on 7.4.2004 she had come back from her school and was sitting out-side the house after taking lunch. At that time Meena D/o Ganpat came there and invited her to her house for having tea. The prosecutrix further alleged that accused-appellants Modu and Kanuda were already present in the house when she reached there. The prosecutrix further alleged that seeing the two accused, she tried to return back to her house but Meena insisted upon her to stay back saying that Kanuda was Modu's friend and that all will consume tea and she instructed the prosecutrix to make preparation for brewing tea. When the prosecutrix started the process of boiling water, at that time Meena and Modiya both went away from the house under the pretext that Meena had to bring the tea-leaves while Modiya would bring biscuits. These two allegedly locked the house from out-side. Thereafter accused Kanuda asked the prosecutrix to fetch water and when the prosecutrix brought the pitcher of water, accused Kanuda forced the prosecutrix into submission and then committed rape upon her. She alleged that during the course of day, between 2.00 to 8.00 P.M., Kanuda committed rape upon her four to five times. In the night time, Jagdish broke the lock of the house and took the prosecutrix back to her father. It was also stated that since there was a dust storm blowing in the night, the matter 'could not be reported to police immediately. The prosecutrix specifically stated that she was induced by Meena and taken to her house, locked into the room, where she was raped.

(3.) On the basis of this written report, F.I.R. No. 37/2004 for the offences under Sections 376 and 120-B, Indian Penal Code was registered and the investigation commenced. On the conclusion of the Investigation, a charge-sheet was filed against the two accused-appellants as well as against Meena for the offences under Sections 120-B, 366, 366-A, 368, 376 and 376/120-B, Indian Penal Code Charges were framed against the accused for the aforesaid offences. The accused pleaded not guilty and claimed trial. At the trial, the prosecution examined as many as 15 witness in support of its case. The accused, in their statement under Sec. 313 Criminal Procedure Code, denied the allegations of the prosecution but did not choose to lead any evidence in defence.