DINESH @ GUDDU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374 Crimial P.C. is directed against the judgment dated 26-3-1984 passed by the Additional Sessions Judge, Bharatpur, in sessions case No. 66/1983, whereby he convicted and sentenced the accused appellant as under:- <FRM>JUDGEMENT_118_LAWS(RAJ)1_19921.html</FRM> All the sentences were ordered to run concurrently.

(2.) Briefly stated the facts of the case are that on the basis of a statement recorded by P.W. 13, Virendra Singh (S.H.O.) on 4-9-1983, a case was registered against the accused appellant (Dinesh @ Guddu) for the offences for which he has been found guilty. In that statement, it has been alleged that on 2-9-1983, the prosecutrix alongwith her sister Krishna Kumari and sister-in-law Vimlesh were slipping on her roof, then at about 12.30 p.m. in the night the accused appellant came at the roof of the prosecutrix and abducted her by force and, thereafter, he took the prosecutrix to his roof, which was adjecent to the roof the prosecutrix, after crossing a wall of 9ft. in hight.

(3.) Learned counsel for the appellant submits that this is a case of consent because of the reason this that there is no evidence to corroborate the statement of Ku. Ravi Sharma (PW-2) and that the testimony of P.W. 2 is not believable because as per her statement, when she was taken by force from her roof then on that point of time she could have made a hue and cry and could have shown resistance but Ku. Ravi Sharma (PW-2) herself, nowhere, stated that she either shown any resistance or made any hue and cry. Moreover, the record shows that she was taken to the roof of the accused appellant after crossing the wall which was 9ft. in hight.