BHAJAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced as below vide judgment dtd. 3/4/2018 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Special Sessions Case No.43/2013:- <FRM>JUDGEMENT_120_LAWS(RAJ)12_2022_1.html</FRM>

(2.) He has preferred the instant appeal under Sec. 374 (2) Cr.P.C. for assailing his conviction and the sentences awarded to him by the trial court by the impugned judgment.

(3.) Briefly stated the facts relevant and essential for disposal of the instant appeal are noted hereinbelow:- Shri Prabhu Ram (PW.4) lodged a written report (Ex.P/11) to the Superintendent of Police, Churu on 8/6/2013 alleging inter alia that his daughter Mst. 'N' (hereinafter referred to the as 'the victim') was being stalked and molested by Guttu, Bhajana Ram sons of Bhani Ram, Shankar Lal S/o Shri Kushala Ram and 3-4 other boys. The informant implored Bhani Ram but he did not desist and insinuated that if any complaint was made, the girl would be carried off. On the very same morning, his daughter, the victim had gone to the nearby field for attending to the call of nature and for making cow-dung cakes. While she was there, Guttu, Bhajan Lal, Shankar Lal and 3-4 other boys subjected the victim to gang rape. The girl cried out in anguish. The informant and his son Kamal ran towards the source of the fervent cries and saw the accused persons inflicting sharp weapon injuries to the victim and thereafter, they poured some poisonous substance into her mouth and fled away from spot. The informant alleged in the FIR that he and his son Kamal saw the accused committing the crime and running away from the place of incident from close quarters. His daughter fell down while bleeding profusely. On hearing hue and cry, the family members collected, the police was informed who picked up the girl and got her admitted to Bhartiya Hospital, Churu but she did not survive and passed away.