STATE OF RAJASTHAN Vs. SAVIYA

JUDGEMENT

(1.) THE State of Rajasthan has filed this appeal against the judgment of Sessions Judge, Pali, by which the appeal of Saviya, the accused respondent was accepted and his conviction under sec. 376, Indian Penal Code, and sentence of four years' rigorous imprisonment with a fine of Rs. 200/- in default of payment of fine to six months' further rigorous imprisonment, ordered by the Assistant Sessions Judge, Sirohi, was set aside and the respondent accused was acquitted.

(2.) ON 27th September, 1971, an oral report was made by one, Gajja, at police station Barloot. According to this report, Champa d/o Gajja, aged 11 years, went to the Deldar Forest to fetch wood. The girl prosecutrix was accompanied by Uki. While collecting the wood, the accused-respondent-Saviya came there, felled her down, and committed rape on Mst Champa. Uki slipped away and informed of the incident to the father of Mst. Champa, who lodged a complaint to the police.

(3.) IN this case, we have got direct evidence of Mst. Champa, the victim of rape, Mst. Uki, another girl who was accompanying her and Joria who came there during the course of the occurrence. Before we deal with this evidence, it would be necessary to consider the reasons given by the Appellate Court for setting aside the judgment of trial court of conviction and, acquitting the accused-respondent.