PARMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374, Cr.RC. has been filed against the judgment of conviction and order of sentence dated 10.4.2000 passed by the Additional District & Sessions Judge, Ratangarh in Sessions Case No. 20 of 1998 State Vs. Parmeshwariai , whereby the accused-Appellant has been convicted under Sec. 376 Penal Code and sentenced to 7 years' rigorous imprisonment with a fine of Rs. 500.00, in default of payment of fine to further suffer three months simple imprisonment.

(2.) Briefly stated, the facts of the case are that on 16.3.98 at 2 PM complainant Chandra Ram submitted a written report at Police Station Ratangarh, inter-alia, stating therein that on the previous day his daughter had come to deliver meals to him at the field situated in Phrasha Ki Rohi where he was looking after the crops by staying there, and in the evening while returning back with the heard she reached near the field of Narayandan, accused Parmeshwar resident of Charanwasi came near to her and suddenly catching hold of her forcibly took her aside and made her to fall which resulted in breakage of the pots kept in Kharala, which she was carrying, and he committed rape on her. It was further stated in the report that on being rebuked by Pemaram, Bhanwarlal and Kumbharam, who were coming from the side of Kusumdesar, the accused hearing their shouts ran away. Pemaram and Bhanwarlal left his daughter at the house and when he was informed by his son in the night, he came to the village then his daughter and wife told him the entire story. When in the morning the spot was shown to Baijaram Brahmin, Baijaram Jat, Baluram and others, then they found the broken pots and mantilla of his daughter on one side and muffler of accused Parmeshwar also there. Parmeshwar was called but he refused to come. It was also stated that as in the morning the site was shown to the chief persons of the village, it caused delay in submitting the report.

(3.) On the aforesaid report, Ex.P/5, First information Report No. 49 of 1998 under Sec. 376 Penal Code was registered and investigation commenced.