POORAN DAS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANT Poorandas was tried for the offences under Sections 366 and 376 Indian Penal Code by the Additional Sessions Judge, No. 2, Jodhpur. The learned Judge found him guilty for the aforesaid offences and sentenced him to two years rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to under go three months rigorous imprisonment for the offence under Section 366 Indian Penal Code and four year's rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to under go three months rigorous imprisonment for the offence under Section 376 Indian Penal Code.

(2.) BROADLY speaking the prosecution case giving rise to the trial of the appellant and his conviction and sentence is as under: - -Surji (P.W. 1) daughter of Bhoora Ram (P.W. 2) resident of Harijan Basti at Jodhpur was sitting out side her house on April 20, 1976 at about 5.30 p. n. The appellant went there and allured her for new clothes and ornaments if she would go with him. It is alleged that the girl at the threat of knife accompanied the appellant. The appellant took the girl to 'Idgah' and then to Chitra Cinema House. At about twelve in the noon, he took her in an uninhabited house and committed rape with her. Bhoora Ram (P.W. 2) father of the girl, on his return to the house did not find her there. He waited for a while and then tried to trace her at the houses of the relatives and the acquaintees. On the next day when Bhoora Ram was trying to search out his daughter, he met Pahadia (P W. 5), Kalu (P.W. 7) and Shera Ram (P.W. 8) who told him that they had seen his daughter with Pooran Das in a tempo in the morning. At this Bhoora Ram went to police station and lodged the report Ex. P. 1 Case under Sections 363 and 366 Indian Penal Code was registered against the accused P.W. 10 Narayan Singh, ASI of Siwanchigate Out Post, which is in the circle of the Khanda falsa Police Station, went in search of the girl along with Bhoora Ram (P.W. 2) and Thana Ram (P.W. 4). At about 8.00 p.m. they found the appellant and Surji sitting near Bhika -Piao (Water -Hut). The appellant was arrested vide memo Ex. P. 5. The girl was recovered vide memo Ex. P. 2 and was entrusted to her father Bhoora Ram. Thereafter the underwear of the girl Ex. 1 and the pants of the appellant Ex. 2 were taken in possession by the police vide memo Ex. 7 and sealed and later on sent for chemical examination. On April 22, 1976 prosecutrix Surji and appellant Pooran Das were medically examined by P.W. 9 Dr. R.K. Gehlot, Medical Jurist, M.G. Hospital, Jodhpur. On April 25, 1976 the Investigating Officer went to the house of Bhoora Ram (P.W. 2) and inspected the site where from the alleged kidnapping is said to have taken place. After completion of necessary investigation charge sheet against the appellant was filed in the Court of Additional Munsif and Judicial Magistrate, No. 1, Jodhpur. The learned Magistrate finding a prima -facie case exclusively triable by the Court of Sessions, committed the appellant to the Court of Sessions Judge, Jodhpur to stand his trial. The case on transfer reached the court of the Additional Sessions Judge, No. 2, Jodhpur who charge sheeted the appellant for the aforesaid offences and recorded his plea. The appellant denied the indictments and claimed to be tried.

(3.) BEING aggrieved by his conviction and sentence, the appellant has preferred this appeal in this Court.