DESHRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals arise out of the judgment dated 15/12/1999 in one sessions case No. 53/1998, the same are being decided by a common judgment.

(2.) The appellants two in number, were put to trial before the learned Addi-tional Sessions Judge, Behror, District Alwar in Sessions Case No. 53/1998 for having committed rape upon the prosecutrix. At the conclusion of trial, the learned Trial Judge vide its judgment and order dated 15/12/1999 found the charge established against the appellants and accordingly convicted them for offence under Section 376 IPC and sentenced each of them to undergo rigorous impri-sonment for seven years and to pay fine of Rs. 1,000.00 each. In default thereof to further undergo three months impri-sonment.

(3.) As per the FIR Ex.P4 registered on the oral report of Satyapal, his sister a dumb and deaf by birth was revished by the appellant when she was going to his field with food for her mother. It was alleged that on 25/7/1998 at about 2.00 P.M. his sister was on way to the field along with food for her mother. While on way, the appellants caught her near the field of Sadhu and committed rape on her. After the incident, Raghuveer Singh met her on way while she was weeping and going to her mother. She disclosed the incident to Raghuveer by signs who asked her to go to her mother. Thereafter her mother brought her back to the village and thereafter complainant Satyapal submitted the report.