CHANDA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Daughter aged 5 1/2-6 years of the complainant (hereinafter to be called as prosecutrix, to protect identity of the victim) was raped by the appellant. The Court of Additional Sessions Judge, Rajgarh Distt. Alwar vide impugned judgment dated 13th September, 2005 held appellant guilty of offence under Section 376(2)(f) of IPC and vide a separate order of even date had sentenced the appellant to undergo life imprisonment and pay a fine of Rs. 5000/-, in default of payment thereof, to further undergo one year imprisonment.

(2.) Criminal proceeding was set into motion on the basis of written report lodged by Babu Lal (PW-1), father of the prosecutrix. Complainant appearing as witness has stated that on 03rd September, 2003, he had gone to Bartati Mela. When he returned in the evening, the whole village had gathered and his daughter who was aged 5/6 years was lying on the floor. Complainant asked her daughter what had happened, at that time, people had already apprehended the appellant. The daughter of the complainant pointed towards the accused and told that he had performed a bad act. She further told that her elder sister had left her lugdi (headgear) in the field. On the asking of elder sister, she had gone to field to fetch the lugdi (headgear), then appellant met her and by offering sweets, took her in the fields where appellant ravished her after putting a towel on the ground. At that time, younger brother of the complainant and the wife of the younger brother of the complainant and other had raised noise, rescued the prosecutrix and brought her back to the village. They had also apprehended accused Chanda Lal at the spot. Since the condition of the daughter of the complainant was precarious, she was brought to Rajgarh Hospital. Thereafter, complainant-father of the prosecutrix had gone to the Police Station where he got recorded his statement Ex. P/1 and appended his signatures thereupon, after the same was read to him and was found to be correct.

(3.) Prosecutrix appeared in the Court as PW-5. She in categoric term stated that when she had gone into the fields to bring back lugdi (headgear) of her sister, the accused called her and offered sweets and took her to the fields and committed offence of rape.