VIRENDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment and order dated 2.5.1989 passed by the learned Additional Sessions Judge No.1, Bharatpur in Sessions Case No.14/88 (31/88) convicting the appellant under sections 376 and 366 IPC and sentencing him to suffer 7 years and 3 years rigorous imprisonment with fine of Rs.500/- on each count and in default to undergo rigorous imprisonment for additional period of one year constitutes the subject matter of challenge in the instant appeal.

(2.) Heard Mr.Deepak Soni, learned counsel for the appellant and

(3.) The prosecution case, in short, is that one Maharaj Singh had lodged a written report with the Police Station Sevar District Bharatpur on 21.12.1987 alleging that on the previous day i.e. 20.12.1987 at about 9.30-10.00 PM while Ms.Sadhna had gone out of her house to ease herself, she was forcibly lifted by two military Sardars in an ambassador car. As his son Mahendra Singh sought to intervene, he was assaulted and pushed out of the car for which he suffered severe injuries to which he eventually succumbed. It was alleged in the report that two Sardars and the driver of the car thereafter committed forcible sexual intercourse on Ms.Sadhna. The police, after investigation, submitted a charge-sheet against the appellant and Gurmeet Singh under sections 302/34, 376 and 366 IPC. Both the persons denied the charges and during the pendency of the trial, Gurmeet Singh expired. At the trial, the prosecution examined several witnesses including the victim, her father-Maharaj Singh, her brothers and others. In course of his statement under section 313 Cr.P.C, the appellant denied the charges and alleged that he had been falsely implicated. The learned trial court, on a consideration of the materials on record, acquitted the appellant of the charge under section 302/34 IPC, but recorded findings of guilt under sections 376 and 366 IPC and sentenced him as above.