RAM BHAROSE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the appellants Ram Bharose, Harphool, Man Singh and Badna against the judgment dated 16th June, 1977 passed by the Sessions Judge, Bharatpur in Sessions Case No. 84/76. In the sessions case aforesaid appellant Ram Bharose was prosecuted on charges under Sections 327, 363/ 336, 392/394, 376 and 379, IPC. The other three appellants viz , Harphool Mansingh and Badna, were prosecuted on charges under Sections 327, 363/366 and 392 and 392/394 IPC. The Sessions Judge has convicted the appellants under Sections 323 and 366 IPC, and has acquitted them of all other charges. Appellant Ram Bharose has been sentenced to rigorous imprisonment for three years and to pay a fine of Rs. 100/ - under Section 366 TPC and to rigorous imprisonment for six months under Section 325 IPC. The other three appellants have been sentenced to rigorous imprisonment for two years and to pay a fine of Rs. 100/ - each under Section 66 IPC and to rigorous imprisonment for six months under Section 323 IPC.

(2.) THE case of the prosecution is that on 1st March 1975 at about l.30 to 2 p.m. Ramdas PW 1 and his sister Rajjo PW 2, left their house at Paharpur for going to Paprera. While they were passing through the jungle near Kheria and Samari at about 7.30pm. the four appellants came and surrounded them and assaulted both of them. As a result of the injuries sustained by them both Ram Das and Rajjo became unconscious and Rajjo was carried away by the appellants. Ramdas regained consciousness at about 4 a.m. and returned to his village and informed his father about the incident and thereafter a report (Ex. P. 1) was lodged at police station Roopbas on 2nd March, 1975 at 9.5 a.m. In the said report it was stated that Ramdas. and Rajjo were going to buy buffalos and that Ramdas was carrying Rs. 500/ -with him and that Rajjo was having, on her person, a gold chain weighing 1 1/2 tolas, gold earrings weighing 1 tola, gold rings weighing two tolas and one wrist watch. In the report it was also stated Kamdas was also having a wrist watch on his person and that his wrist watch and the sum of Rs. 500/ -were removed from his person. On the basis of the said report, a case under Sections 366/379 and 323 IPC was registered. The injuries found on the person of Ramdas were examined by Dr. S.L. Agrawal, Medical Officer, Primary Health Centre, Roopbas on 2nd March, 1975 at 7 a.m. vide injury report Ex. P. 10. The investigation of the case was conducted by head constable Mehar Singh PW 6 who was Incharge of police station Roopbas at the time. Meharsingh went to the scene of occurrence and recovered one shoe and broken pieces of glass bangles from the scene vide seizure memo (Ex. P. 6). Rajjo is said to have been recovered from, the house of appellant Ram Bharose by Keshariya, the father of Rajjo, and was produced odors the police and a recovery memo (Ex. P.7) about the said recovery was prepared on 7th March, 1975 at 30 p.m. Thereafter Rajjo was medically examined. by Dr. S.L. Agrawal on 8th March 1975 and certain injuries were found on her person vide injury report (Ex P. 9). In the aforesaid report Dr. Agrawal has stated that the age of Rajjo was above 18 years and trie injuries were of about 7 days duration. Dr. Agrawal also opined that no definite opinion could be given about rape till the receipt of the report from the chemical examiner. After completing the investigation the police submitted a challan against the appellants before the Munsif -cum -Judicial Magistrate, Bayana, and the appellants were committed to the court of Sessions for trial on the charges mentioned above.

(3.) THE Sessions Judge has held that on the basis of the evidence of Ramdas PW 1 and Rajjo PW 2 it was established that all the four appellants had surrounded both of them and had assaulted them with a view to abduct Rajjo and that Rajjo was abducted with a view that she may be forcibly married to Ram Bharose or she may be forced to have sexual intercourse with him. The Sessions Judge, therefore, convicted the appellants for the offence under Sections 366 and 323 IPC. The Sessions Judge, was however, of the view that the prosecution had failed to establish beyond reasonable doubt its case about removal of the ornaments from the person of Rajjo by the appellants or the removal of the wrist watch and the sum of Rs. .100/ -from the person of Ramdas PW 1. The Sessions Judge was also of the view that the prosecution has failed to establish that Rajjo was raped by appellant Ram Bharose. The Sessions Judge, therefore, acquitted appellant Ram Bhorese of charges under Sections 392/394, 376 and 379 IPC and acquitted the other appellants of the charges under Sections 327, 363, 392/394 IPC Being aggrieved by their Conviction for the offences aforesaid and the sentences imposed on them, the appellants have filed this appeal.