GOPAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) All these three appeals arise out of a judgment dated 2.5.2000 in a Sessions Case No. 47/98 and, therefore, they are being decided by this common judgment.

(2.) All the three appellants along with 3 co-accused were tried for offence u/ss. 120-B, 365, 366, 376(2)(g), 323, 379 & 368 IPC. At the conclusion of trial, the learned trial Judge has convicted all the three appellants for offence u/ss. 376(2)(g) and 366 Penal Code and sentenced each of them to undergo rigorous imprisonment for 10 years with a fine of Rs. 1,000.00 each, in default thereof, each was to further undergo rigorous imprisonment for six months on the first count and to undergo rigorous imprisonment for five years with a fine of Rs. 500.00, in default thereof to further undergo rigorous imprisonment for 3 months on the second count. Appellants-Ram Singh and Gopal have further been convicted for offence u/s. 365 Penal Code and each has been sentenced to undergo rigorous imprisonment for 3 years with a fine of Rs. 500.00, in default thereof, each to further undergo rigorous imprisonment for 3 months.

(3.) Briefly stated the facts giving rise to the present appeals are that on 28.7.1998 the police recorded Parcha Bayan (Ex.P/7) of PW-2 Mst. Rammurti, wherein she alleged that on 24.7.1998 she along with her sister Mst. Sonyabai and brother Krishan Murari left Kota for Mehandipur Balaji and reached Hindaun at 8.00-9.00 p.m. On the next day i.e. on 25.7.1998 they visited Mehandipur Balaji and came back Hindaun in the evening at 6.00- 7:00 p.m. and boarded in a Jeep which was to leave for Kota. According to her, two persons were already sitting in the said Jeep. She felt that persons already sitting in the jeep were also the passengers. The driver crossed village Katkad and took the Jeep in the forest. Ram Singh got alighted her brother from the jeep and belaboured her with belt. Thereafter both the sisters were taken to the field where 5-6 persons were collected. She came to know about the names of accused as Ram Singh, Jag Mohan, Ganga Ram, Khiladi, Gopal and Teja Singh as they were talking with each other and calling their names. The accused managed liquor and then committed rape on both sisters. Her sister Sonya became unconscious. She further alleged that accused took both of them to Katkad river where they again committed rape on them. On 26.7.1998 the accused kept detained both the sisters in aroom in village Khanid, where accused-Ram Singh and Jagmohan committed rape on them. In the night at about 9.00 p.m. both the victims were again taken to the same place where they were kept a day earlier. Four persons came there, who also committed rape on them. Thereafter, the aforesaid accused talked about sale of both the sisters. In the next morning at 4.00 a.m. the accused took them to road. At that time, accused-Gopal and Jag Mohan had accompanied them and they brought them to village Kushay in a Truck, where all of them took tea. Then they took both the sisters on foot to a big house towards village Piloda, where accused-Gopal wrote some thing on a stone slab. Then they were removed to some Tube well near village Kishorepur at about 10.00 a.m. and two persons came there in a Tata Sumo and asked her to accompany them, but she refused to go with them. Thereupon, they told that i they will kept them tied with chain and took them away in the night. Thereafter they paid Rs. 5,000.00 to appellant-Jag Mohan and Rs. 500.00 to appellant-Gopal and then one out of three who had come in a Tata Sumo committed rape on her and thereafter all the three left the place. In the evening, the complainant requested Man Singh to help them. Man Singh informed the vi:i45c-9 and the villagers came there and enquired from both the appellants. The villagers tied Jag Mohan and Ram Singh and on the next morning the villagers brought both the accused and the victim sisters to Gangapur. On the above parcha bayan, police registered a case for offence u/ss. 147, 376, 379, 365, 366 & 323 Penal Code vide FIR Ex.P/23 and proceeded with the investigation. In the course of investigation, the police inspected the site, prepared site plan, seized broken pieces of glass bangles from the place of incident and recorded the statements of witnesses u/s. 161 Crimial P.C. The statement of victim girls were also recorded u/s. 164 Cr.P:C. The prosecutrix were also subjected to medical examination to find out whether they were ravished or not. The accused-appellants were arrested and on completion of usual investigation, a charge-sheet was submitted against the accused.