SAWAILAL AND ANR. Vs. STATE

JUDGEMENT

(1.) These two criminal appeals have been filed under Sec. 374(2) of the Code Criminal Procedure against a common judgment and order dated 13.3.1987 passed by learned Addl. District & Sessions Judge, Chittorgarh in Sessions Case No. 22/1985 - State Vs. Basantilal & Ors. whereby the accused appellants have been convicted and sentenced as under:- <FRM>JUDGEMENT_116_LAWS(RAJ)4_2005_1.html</FRM>

(2.) As accused-appellants Basantilal s/o Maganlal, Chunnilal s/o Bhoja and Nainsukh s/o Hardeo in S.B.Criminal Appeal No. 103/1987 have expired and report of the SHO, Police Station, Begu in this regard was placed on record, vide order of this Court dated 4.11.2004 that appeal against the these appellants stands abated. Since both the appeals arise out of the same impugned judgment and order, these are being disposed of together by this common judgment.

(3.) The brief facts of the case are that PW3 Chaturbhuj alongwith PW5 Mst. Badami (hereinafter to be referred as 'the prosecutrix') submitted a written report in the police station, Begu before PW7 Roop Kishore, ASI on 3.5.1985 at 1.00 PM inter alia stating therein that her niece - the prosecutrix had gone to her Bua (parental aunt) in Katunda village and stayed there for two days. His brother Raghunath had gone to his in-law's house and he himself had gone with a truck of stones to village Kehrad and on his coming from there he was informed by the prosecutrix that while she was coming alone on foot from Katunda (the village of her Bua) on 26.4.1985, in the evening at about 5.00 PM, on the way to Bedal Mandana, in the forest, two persons Moda and Barda, who were taking liquor by the side of way, came in front of her, stopped her and pressed her breasts. They tightened her hands by the turban (Moda's turban) and when she resisted and objected to it, accused Moda took out a knife and thereafter both of them forcibly laid her down on the earth. They poured liquor in her mouth and after releasing her hands and lifting her petticoat one after another committed rape against her will. They also took her forcibly upto the turn of village Katunda. After reaching there, from a liquor shop where so many persons were taking liquor, accused Basantilal (since expired), came at the house of Barda and Moda and committed rape with her. Thereafter also, one after another about 8-9 persons outraged her modesty. The accused at about 3-4 AM left her outside in a very precarious condition. In the morning, Chhittar s/o Gopi Gurjar, resident of village Katunda met her on the way to whom she narrated the entire story and requested him to drop her at her house, who made arrangement for her going to the village in a truck belonging to one Parbat Singhji. As Raghunath, the brother of the prosecutrix, was not at home and the complainant came in the morning, the prosecutrix narrated the incident to him and as such the report Ex. P/1 was submitted in the police station, on which case No. 78/85 under Sec. 341, 342, 354 and 376 Indian Penal Code registered and investigation commenced.