PUNIA ALIAS PANNALAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a jail, appeal by the accused Punia alias Pannalal against the judgment dated October 5, 1982 of the learned Additional, Sessions Judge, Udaipur convicting and sentencing him as under: Sections Sentence Awarded 307, Indian Penal 4 years, R.I. and a fine of Rs. 100/-, in default of payment of fine, to Code undergo 6 monthsT rigorous imprisonment. 376, Indian Penal 4 years R.I. and a fine of Rs. 50/-, in default of payment of fine to Code undergo 6 months rigorous imprisonment. 394, Indian Penal 4 years, R.I. and a fine of Rs. 50/-, in default of payment of fine to undergo Code 6 months rigorous imprisonment.

(2.) Substantive sentences were made to run concurrently, while those in default of fine consecutively.

(3.) P.W. 1 Smt. Khomli aged about 25 years, who is prosecutrix in the case used to live with her parents in village Maladeo District Udaipur. In July 1981, she came to Udai Pur in search of some job. The accused took her to village Pahada where she was working in some fields. On 5-7-1981, the accused took her to Udaipur. After having some rounds in the city, the accused took her in a lonely place situate near CTAE College. There he committed rape with the prosecutrix. When she tried to raise cries, the accused took out a knife and struck a number of blows with it to her. SrnL Khomli was wearing the silver ornament, Ex. 1 in her neck. The accused forcibly removed it and thereafter made good his escape. Smt. Khomli somehow or other managed to come to CTAE College. There she found watchman P. W. 3 Rooplal. She told him what had taken place with her. P.M. 3 Rooplal contacted the Chief Warden P.W. 2 Shri Jabbar Singh. P.W. 2 Jabbar Singh informed the Station House Officer, P. 5. Pratap Nagar. P.W. 12 Prahlad Singh, S.H.O. immediately came to the College and recorded the statement Ex. P/2 of the prosecutrix. He registered a case under Sections 307, 376 and 394, Indian Penal Code and. proceeded with the investigation. The site was inspected. The medical examination of the prosecutrix was conducted by P.W.8 Dr. G. L. and, the then the Medical Jurist III the General Hospital, Udaipur. He found as many as 12 injuries on the person of the prosecutrix except injury No. 12. All the injuries were stated to have been caused by same sharp edged weapon. Six of the injuries were stated as dangerous to life. He also found the evidence of recent sexual intercourse with the prosecutrix. The medical reports prepared by him, are Ex. P/8 and Ex. P/9. The accused was arrested on 12-7-1981. In consequence of the information furnished by him whilst under the police custody, the stolen silver ornament and the knife used by him in the commission of the offence were recovered from various places. The bloodstained clothes of the prosecutrix as well as of the accused were seized and were sent for Chemical Examination. The blood was found on all of then. After when, the investigation was over, the police submitted a challan against the accused in the court of learned Judicial Magistrate, Udaipur, who in his turn committed him to the court of Sessions to take trial. The case came up for trial before the learned Additional Sessions Judge Udaipur. The learned Additional Sessions Judge, framed charges under Sections 307, 376 and 394, Indian Penal Code against the accused. The accused pleaded not guilty and faced the trial. According to him., his relations with the brother of the prosecutrix were not happy. As such, he was falsely implicated. He laid his claim on the stolen silver ornament and stated that those it belonged to him. During trial, the prosecution examined 12 witnesses and filed some documents. The recovered articles were also produced. In defence, the accused examined him self and one more witness. On the conclusion of the trial the learned Additional Sessions Judge accepted the Prosecution story as true and held that all the charges duly proved against the accused. The accused was consequently convicted and sentenced as mentioned above. Aggrieved against his convictions and sentences, the accused has filed this jail appeal.