PURAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by accused Puran Singh against the judgment of the learned Sessions Judge, Merta dated December 8, 1981 convic-ting the appellant under section 376, IPC and sentencing him to four years rigorous imprisonment.

(2.) BRIEFLY stated the prosecution case is that the prosecutrix P. W. 6 Mst. Bhanwari aged about 14-15 years was grazing her live-stock in the field of Sheojiram Jat situate in Moza Chitai in the afternoon of 20. 6. 80. At about 4 p. m. the accused suddenly appeared there and caught hold of the prosecutrix. He pushed her down and started committing sexual intercourse with her. The girl resisted and raised cries. Hearing her out-cries, P. W. 7 Gordhan, P. W. 8 Purkharam and P. W. 10 Nandsingh came there. The prosecutrix sustained some injuries on her body including the private parts. When the accused left her, she straight way went to her house and narrated the incident to her mother P. W. 4 Mst. Jadawati. Her father P. W. 5 Dhanna was not there. When he returned in the evening, the incident was narrated to him also. He went to police station, Peelwa and lodged written report Ex. P/5 on 22. 6. 80. The police registered a case and proceeded with investigation. The medical examination of the prosecutrix was conducted at 10 am. on 23. 6. 80 by P. W. 2 Dr. S. N. Sharma the then Medical Officer-in-charge, Government Dispensary, Harsor. He noticed some injuries on the person of the prosecutrix. He also noticed some stains on the petti-coat of the prosecutrix. He took the cutting of that portion and sealed it. He prepared slides of the smear and swab taken from her vagina and sealed them. He sent these packets to the investigating officer for chemical examination. He was of the opinion that the prosecutrix had been raped. The ossification test of the prosecutrix was made in J N. Medical College, Ajmer. On the basis of this test, Medical Jurist Dr. B. K. Mathur (P. W. 1) gave the opinion that the age of the prosecutrix was 15 16 years. The police seized the petti-coat and the blouse of the prosecutrix, which she was wearing at the time of the occurrence. The accused was arrested on 7. 7. 80 and the under-wear, he was wearing at the time of the commission of offence was recovered in consequence of the information furnished by him on 10. 7. 80. The slides and the clothes of the prosecutrix and the accused, were sent for chemical examination to the Forensic Science Laboratory, Jaipur. Human semen was detected on all of them. On the completion of investigation, the police submitted a challan against the accused in the court of Munsif and Judicial Magistrate, Parbatsar, who in his turn committed the case for trial. The learned Sessions Judge framed charges under sections 323, 324 and 376, IPC against the accused to which he pleaded not guilty and claimed to be tried. The defence taken by him was that of complete denial. It was averred by him that there were factions in the village on account of elections. One Gulabchand was on inimical terms with him. He has, thus, been falsely implicated at the behest of Gulabchand. During trial, the prosecution examined 11 witnesses while in defence no evidence was adduced. On the conclusion of trial, the learned Sessions Judge found the accused guilty under section 376. IPC. He further held that the injuries sustained by the prosecutrix were on account of the struggle, she put at the time of the commission of rape. As such, no separate conviction was recorded for offences under sections 323 and 324, IPC. The accused was, accordingly, sentenced under section 376, IPC. Aggrieved against his conviction and sentence, the accused has taken this appeal.

(3.) TAKING thus the two sets of evidence viz. parents of the prosecutrix and the opinion of Dr. Mathur {p. W. 1), it can be safely held that she was below 16 years of age, when rape was committed upon her.