SANTRAM Vs. STATE

JUDGEMENT

(1.) THE above two appeals arise from a common judgment of the learned Additional Sessions Judge, Shri Ganganagar. dated 24 8-77, whereby both the appellants were convicted for the offences 366 I. P. C. , and each one of them was sentenced to one year's rigorous imprisonment and a fine of Rs. 200/- each, in default of payment of fine, to undergo further rigorous imprisonment for a period of two months. THEy were also convicted for the offence under Sec. 376 I. P. C, and each one of them was sentenced to four year's rigorous imprisonment and a fine of Rs. 500/-, each, and in default, to further, undergo rigorous imprisonment for six months.

(2.) IN nutshell the prosecution case is that Smt. Muli, aged about 27 years, was married to one Manphool, but was divorced by him some ten years ago and then she went in 'nata' some 3-4 years ago to Jangirsingh Bajigar, resident of Anupgarh. Jangir Singh was serving as a driver at Ganganagar. On 21-6-75 she had come to see her husband at about 11. 00 a. m. , from Sadul Sahar. Her husband Jangir Singh had gone taking the Jeep at about 4-5 00 p. m. , and she was left with one Bhaniram instructing him to take her to the hotel of Kishori for meals. The accused persons came there, accompanied with 2-3 more persons, They picked up quarrel with Bhani. Thereupon she went away towards Lakkad Mandi. She was followed by the accused persons Santram and Amli. The accused Amli threatened her with a pistol and Santram with a knife and asked her to accompany them. There-upon, out of fear she went ahead of them. She was taken to the pits nearby the Sugar Mills and then both of them raped her. Thereafter, she was brought at the railway station, where she met her husband Jangir Singh. She divulged the occurrence to him. Then she, along with her husband Jangir Singh, went to Kotwali, Shri Ganganagar and lodged a verbal report Ex. P/4 at 1. 30 a. m. On her report a case under Secs. 366 and 376, I. P. C. , was registered and investigation was conducted by the S. H. O. Ast Ali (P. W. 11 ). Mst. Muli was got medically examined. The accused Santram was arrested on 22-6-75 vide memo Ex P. /9 and his 'kachha' was seized Santram was also got medically examined. At the instance of Mst. Muli, site, plan Ex. P. /10 and site notes Ex. P. 10a were prepared. Four broken plastic bangles were recovered from the spot vide memo Ex. P. /ll. Site plan of the hotel of Kishori Ex. P /12 was also prepared and its site notes are Ex. P/12a. On the information and at the instance of the accused Santram, knife was also recovered. The accused Ganeshia and Madan were arrested on 27-6-1975 and on 30-6-1975 the accused Amli was arrested and he was medically examined. The accused Chimnia was arrested on 3-7-1975. The 'ghagra' and underwear of the prosecutrix Mst. Muli and the underwear of the accused Santram were sent for chemical examination. The report of the State Forensic Science Laboratory is Ex P. /19, which is positive for human semen on all the clothes. After completion of investigation, charge-sheet was presented against the accused persons, who were ultimately tried by the Additional Sessions Judge, Ganganagar.

(3.) MR. B. R. Arora, learned counsel for the appellants submitted that if Mst. Mulli would not have been a consenting party, she would have certainly sustained some injuries on her person, if force would have been used against her, not by one, but two accused persons. Besides that, her conduct would have been entirely different. The occurrence is said to have taken place at about 8,30 p. m. She was followed by the two accused persons and was forcibly taken by them from near the Lakkar Mandi. If this story would have been true, her conduct would have been that she would have raised alarm and shrieks and her alarm and cries would have attracted the people from the neighbourhood, which is a densely populated part of the city. Besides that, if she would have made to fall on the ground in the Khala or in the pits, she would have sustained injuries. According to MR. Arora, it appears that she is a lady of easy virtue. According to MR. Arora the matter would not have been reported by her, if her husband would not have met her at the railway station, because as per her statement, she was to leave by the 12 O'clock train in the night. It is because her husband met her at the railway station, the occurrence was narrated by her to Jangir Singh, when he found her clothes wet. MR. Arora submitted that it is highly improbable that if Mst. Muli would have been taken by force and if force would have been used against her will to commit sexual intercourse, she would not have sustained injuries. According to Dr. S. S. Baxi, he did not find any mark of violence or mark of struggle on the person of Mst. Muli.