BABULAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants are aggrieved by their conviction under Section 376 I.P.C. and the sentence awarded therefor vide the judgment and order dated 21.05.1990 passed by the learned Additional Sessions Judge No.2, Alwar in Sessions Case No.16/1989.

(2.) We have heard Mr.V.P.Vishnoi, learned counsel for the appellants and Ms.Rekha Madnani, learned Public Prosecutor, Rajasthan.

(3.) The prosecutrix Smt.Bhagwati, wife of Ramniwas, lodged a report with the officer incharge, Police Station Bansur alleging that on 12.02.1989 while she had been collecting cattle feed from a nearby field at about 9.30 a.m., the appellants Babu and Baldev reached there, whereafter Babu caught hold of her hand, dragged her to a nearby mustard field, felled her thereon and Baldev after gagging her, committed rape on her. Thereafter Babu gagged her and Baldev committed rape on her. According to the prosecutrix, after finishing the act, the appellants left the place of occurrence whereafter when she returned home, she informed her mother-in-law and her husband, and eventually, the report was lodged. As would appear from the report Exhibit P-1, it was recorded on 13.02.1989 at 4.20 a.m. On completion of the investigation, chargesheet was laid against the appellants under Section 376 I.P.C. and they having denied the charge, were made to stand trial. At the trial, the prosecution examined prosecutrix Smt.Bhagwati (PW-1), her mother-in-law Birdi (PW-4) and Dr.Subhash Agarwal (PW-6). The appellants stated in their examination under Section 313 Cr.P.C. that the incriminating evidence laid by the prosecution was untrue and thus denied the charge. He also examined one witness in defence.