JALDEEP SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant Jaldeepsingh was challaned under sec. 376 I. P. C. by the Mandawar Police Station in the court of Extra Magistrate, Tijara. THE prosecution case is that at about midnight between the 23rd and 24th July 1948 the appellant entered the house of Sultansingh Chamar and committed rape upon his newly married wife Mst. Mishro aged about 20 years. Mst. Mishro tried to raise an alarm but the appellant put his hand over her mouth and prevented her from crying. He began to have sexual intercourse with her forcibly and in the meantime she somehow removed the hand of the appellant from her mouth and raised an alarm. Her husband who was sleeping near her room came in and saw the appellant committing rape upon her. He tried to remove the appellant but he pushed Sultansingh who fell down on the ground. Sultansingh alto raised an alarm and in consequence some of the neighbours including Sohansingh, P. W. 4, and Chanwarsingh, Madhosingh and Jagmalsingh came inside the house and removed the appellant who at once took to his heels. A report was lodged at the Police Station Mandawar on the 25th of July. 1948 at about 2 P. M. and a ghaghra of Mst. Mishro alleged to be stained and some broken piece of glass bangles were produced before the police station. Mst. Mishro was medically examined by Dr. Khandpuri at Alwar Zanana Hospital, Alwar. THE accused remained absconding for about 2 years and was arrested in August 1950. THE case was challaned against him as aforesaid. THE Extra Magistrate committed him to take his trial before the Court of Sessions at Alwar under sec. 376 I. P. C. but the learned Sessions Judge also added a charge under secs, 457 I. P. C.

(2.) THE appellant denied the charge and pleaded that the case was an outcome of enmity between the two parties of Rajputs, one of which was led by hi? uncle Shivnath Singh and the other by Ganpatsingh. THE learned Sessions Judge was however satisfied that the appellant committed the offences under secs. 457 and 376 I. P. C and consequently convicted and sentenced him under secs. 457 and 376 and sentenced him to four years' rigorous imprisonment and a fine of Rs. 100/- under sec. 376 and two years' rigorous imprisonment under sec. 457 and a fine of Rs. 50/ -. THE sentences of imprisonment were to run concurrently. He has preferred this appeal against his conviction and sentences.