KALU & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In challenge is the judgment and order dated 24.08.1987 passed by the learned Sessions Judge, Tonk in Sessions Case No. 8/86 convicting appellants under Sections 376 & 451 Penal Code and sentencing them to suffer rigorous imprisonment and to pay fine and, in default to undergo further rigorous imprisonment.

(2.) We have heard Mr. V.P. Bishnoi with Mr. V.R. Bajwa, learned counsel for the appellants, Ms. Rekha Madnani, learned Public Prosecutor and Mr. Deepak Soni, learned counsel for the prosecution.

(3.) On 03.05.1985 a written report was lodged with the officer incharge, Police Station Duni by Smt. Rupa, the prosecutrix, alleging that in the night of 22/23rd April, 1985 at about 11-11.30 p.m., while she was sleeping with her child, the appellants in a body molested her and forcibly raped her by turn. She stated that they gagged her and also threatened her with a dagger. She alleged that because of the torture, she remained in an unconscious state for the rest of the night and it was in the morning that when one Gyarsi Malan came and attended on her, she came to her senses. She stated further that in the night of the occurrence, the other family members were not present in the house and though she being alone (her husband being away to Delhi in connection with his engagements) tried to inform the police, but could not muster courage to do so. She alleged that when her in-laws returned, they also did not permit her to lodge the FIR. Though she sought the company of one Bhawani Ram and Jagdish to accompany her to the police station, none did cooperate. It was finally on 03.05.1985 that she could lay the information with the police.