DHARAMVEER AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 16.12.1987 passed by the learned Additional Sessions Judge No.2, Alwar Camp Behror in Sessions Case No.15/87 convicting the appellant No.1 Dharamveer under sections 366 & 376 IPC and appellant No.2 Ramniwas under section 376 IPC and sentencing them to suffer 3 & 10 years R.I. for the offence under sections 366 & 376 IPC and to pay a fine of Rs.200/- each, in default to undergo R.I. for further 2 months, they are in appeal.

(2.) I have heard Mr. Deepak Soni & Mr. Mamraj Jat, learned counsel for the appellants and Mr. Javed Choudhary, Public Prosecutor for the State.

(3.) An FIR was lodged on 17.05.1987 with the Police Station Behror by one Chhitarmal to the effect that on 16.05.1987 the appellant No.1 Dharmveer invited him to his house for dinner where he was served liquor. According to the informant, on consuming liquor he became unconscious and spent the night in the house of the host i.e. Dharamveer. When he reached his house in the next morning, his wife Mst. Shakuntala (PW-4) weepingly told him that the appellants earlier in the night had committed rape on her. A police case was registered on the FIR and following the investigation chargesheet was laid against the appellants under sections 366 & 376 IPC. They denied the charge when framed against them before the trial court. After examination of the prosecution witnesses, the statements of the appellants were recorded under section 313 Cr.P.C. in course whereof they reiterated their denial and asserted that they had been falsely implicated. The prosecution examined several witnesses including the prosecutrix Shakuntala (PW-4), Dr. Vishnu Dutt Gupta (PW-5) and the husband of the victim Chhitarmal (informant), PW-6. It also proved the medical report and the forensic science laboratory report on the wearing apparels of the prosecutrix. By the impugned judgment and order, the appellants were convicted and sentenced as above.