DEVENDRA KUMAR ALIAS KALUA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal has been preferred by accused-appellant Devendra Kumar @ Kalua against the Judgment dated 27. 02. 2003 passed by the learned Special Judge (SC/st Act Cases) cum Sessions Judge, Bharatpur whereby the accused appellant has been convicted for the offence under Section 376 of the Indian INDIAN PENAL CODE, 1860 and sentenced to suffer R. I. for 7 years and a fine of Rs. 5,000/-, in default of payment of fine to further suffer S. I. for one year. He has been acquitted of the charge under Section 3 (2) (V), SC/st (Prevention of Atrocities) Act.

(2.) BRIEFLY stated the facts of the prosecution case are that on 23. 07. 2000 at 9. 00 p. m. prosecutrix PW2 Reshma submitted a written report Ex. P2 before the Circle Officer, Bharatpur City at P. S. Mathura Gate, Bharatpur wherein it was interalia stated that today at about 5. 30 p. m. she had gone to her employer (contractor) to receive her payment of wages. The contractor told her that payment would be made on next day. When she was returning to her house, accused Devendra @ Kalua, by caste-Lodha met her on the way. Devendra's shop is situated in front of her house. On being enquired by accused Devendra she told that she was in need of the money but the contractor did not make payment of her wages. Accused Devendra assured her that money would be paid by him at his house and asked her to accompany him. Thereafter she accompanied the accused who took her to the second storey of a house situated in front of Bihari Ji temple. Two persons namely Praveen Kumar and Santosh were already there. Accused Devendra forcibly pushed her on a cushion and committed rape on her. When she tried to raise an alarm her mouth was gazed with a cloth. After accused Devendra she was also raped by Praveen and Santosh one by one. After having committed rape all the three accused fled away. She came to her house and disclosed the incident to her daughter Usha and son-in-law Vijay Singh. On the basis of the written report Ex. P2, FIR Ex. P3 was registered at P. S. Mathura Gate and investigation commenced. On completion of investigation a charge-sheet was filed against accused Praveen Kumar, Santosh Kumar and Devendra Kumar in competent Court. The learned Magistrate committed the case to the Court of learned Special Judge (SC/st Act Classes) cum Sessions Judge, Bharatpur. The learned Sessions Judge framed charges under Section 376 (2) (G) IPC and Section 3 (2) (V), SC/st (Prevention of Atrocities) Act against all the three accused, who pleaded not guilty act claimed to be tried.

(3.) LEARNED Public Prosecutor appearing for the State has supported the impugned Judgment.