KANA Vs. STATE

JUDGEMENT

(1.) KANA and Amra appellants have been convicted by the learned Additional Sessions Judge, Jaipur District under sec. 376 of the Indian Penal 'code and sentenced to rigorous imprisonment for four years each.

(2.) THE prosecution story is that on the 9th of June, 1953 at about 8 or 9 A. M. one Mst. Kaiser, alleged about twenty two years was taking food for her father-in-law to some bagichi at a distance of about two miles from her house. When she was about to cross the nala known as Pangolawala she saw the two appellants armed with lathees sitting there. Seeing the woman, they both committed rape upon her. Kana was the first and Amra followed him. When Kana committed rape, Amra caught hold of Mst. Kaiser's hands and when Amra's turn came. Kana caught hold of her hands. THE woman raised a hue and cry which attracted Cheetar Mali towards the spot who took her to her house, thereafter the accused ran away.