MADAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter was listed on the application for bail (suspension of sentence) filed on behalf of accused-appellant Madan Singh, however, at the request of learned counsel for appellant, not opposed by learned Public Prosecutor, the appeal itself was heard and being disposed of by this judgment.

(2.) This appeal u/s. 374(2) of the Code Criminal Procedure is directed against the judgment dated 30.07.2001 passed by learned Sessions Judge, Nimbaheda in Sessions Case No. 58/99 whereby the accused-appellant has been convicted u/s. 376(2)(f) of the Penal Code and sentenced to 10 years rigorous imprisonment and fine of Rs. 5,000.00, and in default of payment of fine to further undergo one years simple imprisonment.

(3.) Briefly stated, the facts of the case are that on 29.08.1999 at about 7.00 p.m., PW-1 Bhagwanlal lodged a verbal report in Police Station, Bhadesar, stating inter alia therein that on the day of incident there was 'Mausar' in their village and all the members of his family and society were in the village. At that time, his niece Kumari Dhapu, aged 10 years D/o Bherulal was at the well situated in field and was taking care of maize crop. At about 5-5:30 p.m., when Kumari Dhapu was alone there, accused Madan Singh came there and caught hold of Dhapu and after laying her in the maize field committed rape with her. The cries of Dhapu drew attention of the villagers Vishnudutt, Nirbhaylal and Satyanarayan, who were passing nearby and on hearing the cries when they rushed towards the field they saw accused Madan Singh running from the field. Accused fell down on the way and sustained injuries, the villagers caught him. Till then, Dhapu fainted.