KALU ALIAS SUMER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the Judgment and order dated 11/7/2002 passed by the learned Additional Sessions Judge, Jhunjhunu whereby accused-appellants Kalu Sumer, Rohitash and Subhan have been convicted for the offence under Section 376(2) IPC and sentenced to suffer R.I. for ten years and a fine of Rs. 2,000.00, in default to further suffer R.I. for the months each. All the three appeals have been heard together and are being disposed of by this common judgement

(2.) Briefly stated the facts of the prosecution case are that on 6/7/2000 at 6.30 p.m. PW1 Kisturi window of Arjun Ram, R/o Choudhary Colony, Chidawa submitted a written report Ex P1 at P.S. Surajgarh wherein it was inter alia stated by her that having sold karry (unripened mango) on 5-7-2000 when she was returning from village Bhawthadi to bus stand Pilod she found Sultan, Subhash, Kaluram and Rohitash taking liquor near railway crossing , Bhawthadi. all the four accused caught hold of her, took her to a nearby place and forcibly committed sexual intercourse with her. Thereafter she came to the house of Jogendra Jat and narrated the whole incident to him. On the basis of written report Ex.P1, SHO, P.S. Surajgarh registered the F.I.R. and investigated the case. On completion of investigation, a charge-sheet was filed against the appellants and accused Sultan in the Court of Judicial Magistrate, Chidawa who committed the case to the Court of learned Sessions Judge, Junjhunu. On transfer the case file was received by the learned Additional Sessions Judge, Jhunjhunu.

(3.) The learned Additional Sessions Judge framed charge under Section 376(2), IPC against all the accused who pleaded not guilty and claimed to be tried. To prove this charge the prosecution examined as many as nine witnesses. In their statements recorded under Section 313 Cr.P.C. the appellants and co-accused Sultan pleaded innocence and stated that they were falsely implicated in this case. In defence no witness was examined.