PADMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant against the judgment dated 26.3.1990 passed by the learned Sessions Judge, Jalore in Sessions Case No. 35/1989 whereby the appellant was convicted for the offence under Section 376 I.P.C. and was sentenced to ten years R.I. with a fine of Rs. 100/-, in default of payment of fine to undergo one month's simple imprisonment.

(2.) Succinctly stated the facts of the case are that an F.I.R. Ex.P-5 was lodged by one Bechraram at the P.S. Bagoda on 22.4.1989. As per the allegations levelled in the F.I.R., on the previous day the first informant's cousin sister Mst. 'S' accompanied with the daughter of Manrupa was breaking beans from the Kherji tree. They started back after collecting the beans at the time Padma accosted her and forcibly took her to the field of Pancha Purohit and started to commit rape upon her. The girl child who was accompanying the prosecutrix started shouting on which Padma Purohit who was passing from nearby came there and on seeing him the appellant got up from the prosecutrix and ran away. Padma Purohit brought the prosecutrix back to her home whereafter the night fell. Accordingly, the report was lodged on the next day.

(3.) On the basis of the report, an F.I.R. No. 31/1989 was registered at P.S. Bagora for the offence under Section 376 I.P.C. and investigation commenced. During the course of investigation, the prosecutrix was subjected to medical examination and her torn clothes were recovered. As per the Medicolegal Report Ex.P-6 Mst. 's' aged about 14 years was found having three injuries on her person, two being on the cheek and one being on the thigh. Her Vaginal swab and smear were preserved for chemical examination. At the conclusion of the investigation, the police filed a charge-sheet against the appellant for the offence under Section 376 I.P.C.