KACHRU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The judgment and order dated 21.11.1989 and 23.11.1989 passed by the learned Sessions Judge, Ajmer in Sessions Case No. 105/1986 convicting the appellant under Sec. 376 Penal Code and sentencing him to suffer five years' rigorous imprisonment and to pay fine of Rs. 200/ - and in default, to undergo rigorous imprisonment for further two months and also convicting him under Sec. 451 Penal Code and sentencing him with imprisonment & fine, constitute the subject matter of scrutiny in the present appeal.

(2.) The prosecution was set in motion on the basic of a telephonic information conveyed by the Medical Officer, JLN Hospital, Ajmer to the effect that one Meera Bai w/o Mishrilal had been brought to the hospital by her mother with 60% burns and that in course of her treatment, she (Meera Bai), when interrogated, had disclosed that a couple of days before, the appellant had committed forcible sexual intercourse with her in her house and as because of this incident, her husband and her other family members assaulted and humiliated her, she being unable to bear the shame and insult, had tried to commit suicide by setting herself on fire. On this, a case was registered under sections 451 and 376 Penal Code against the appellant and a charge - sheet was laid against him on completion of the investigation under the said provisions of law. The appellant denied the charges and trial followed. Before that, Meera Bai expired. The prosecution at the trial examined the sister in law of the deceased viz, Smt. Bhanwari, Mishrilal husband of the victim, the doctors who had treated her and had performed the post mortem examination and the investigating officer, amongst others. The appellant reiterated the denial of charges in course of his examination under Sec. 313 Crimial P.C. He was, however, convicted and sentenced as above.

(3.) PW 1 Smt. Bhanwari stated on oath that she was sister in law of the deceased and that her house at the time of the incident was located near that of Meera Bai. She deposed that on the date of the incident, she having heard the sound of weeping of the deceased, went to her house, which was bolted. As she knocked, the door was opened by the appellant. The witness stated that both the appellant and the deceased looked disoriented and dishevelled. The witness claimed that the deceased complained to her that the appellant had forcibly raped her to which the (appellant) acknowledged his mistakes. The witness further stated that the deceased thereafter narrated the incident to her other sister in law and that about eight days therefrom, she doused herself in kerosene oil and set herself on fire to commit suicide. This witness denied the suggestion on behalf of the defence that from six months before the incident, the appellant and the deceased were living together.