MOHAN RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Mohanram has been convicted under section 376, IPC and sentenced to two years' rigorous imprisonment with a fine of Rs 100/-, in default of payment of fine to further undergo one month's like imprisonment by the learned Additional Sessions Judge, Nagaur by his judgment dated Februaiy 10, 1983. The accused has filed this jail appeal to challenge his conviction and sentence.

(2.) AT about 11 a m. on 27. 8. 82, the prosecutrix Mst. Dhani (P. W 1) aged about 20 years went to her field to bring grass. The field is situated at a little distance from her town Jaswantgarh. While she was collecting grass in the field, the accused came and addressed some words to her. The prosecutrix gave no reply. The accused then threw her down in the field. She tried to raise cries but the accused put his hand on her mouth. Thereafter, he loosened his dhoti, put off the underwear and committed rape on her After committing rape, he ran away. She raised cries, P. W. 7 Shyamsunder, who was working in the field nearby came to her. He saw the accused running away. While putting resistance, the victim received some injuries and the lac bangles, she was wearing, got broken. She came to her house and narrated the incident to her husband and mother-in-law. She was taken to police station, Jaswantgarh, where she lodged written report, Ex. P. /l of the occurrence at about 8. p m. on the same day. The police registered a case and proceeded with investigation. The medical examination of the victim was made on 28. 8. 82 by P. W. 4 Dr. Pushpa Bhargava. She found an abrasion on her left cheek. Blood was also found coming out through vagina. The accused was medically examined on the same day by P. W. 5 Dr. Bhimsingh. An abrasion was noticed on his fore-head and he was found capable of doing sexual intercourse. The clothes of the victim and the accused were also seized and sealed. On the completion of investigation, the police submitted a challan against the accused in the court of Judicial Magistrate, Nagaur:, who in his turn, committed the case for trial to the court of Additional Sessions Judge. The learned Judge framed a charge under section 376, I. P. C. against the accused, to which he pleaded not guilty and claimed absolute innocence. He pleaded that there were strained relations between him and the family of the prosecutrix due to some dispute over a right of way in his field. In support of its case, the prosecution examined 9 witnesses, while in defence no evidence was adduced. On the conclusion of trial, the learned Judge held the charge duly brought home to the accused. He was, consequently, convicted and sentenced as mentioned above. Aggrieved against his conviction and sentence, the accused has taken this appeal.

(3.) THE prosecutrix deposed that in the resistance, she put to the accused, her lac bangles, which she was wearing, got broken and the hair-pin slipped down. THE broken pieces of bangles and hair-pin lying scattered, were recovered from the place of occurrence by the investigating officer P. W. 9 Narain Singh. THEy were seized and sealled.