RAMESHWAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant appeal is directed against the judgment dated 30. 09. 2000 passed by the learned Special Judge (Women Atrocities & Dowry Cases), Kota in Sessions Case No. 188/1997 whereby all the accused appellants have been convicted and sentenced as under:- Rameshwar, Kanwar Lal, Tulsi Ram, Ashok and Udai Lal each u/s. 366 IPc R. I. for three years and a fine of Rs. 1 000/-, in default of payment of fine to further suffer R. I. for three months. u/s. 376 (2) (G) IPc R. I. for ten years and a fine of Rs. 5 000/-, in default of payment of fine to further suffer R. I. for six months. u/s. 376 IPc No separate sentence has been imposed. Rami Bai and Kanchan Bai each u/s. 366 IPc R. I. for three years and a fine of Rs. 1 000/-, in default of payment of fine to further suffer R. I. for three months.

(2.) THE prosecution case, in nutshell, is that on 22. 02. 92 at about 3. 00 p. m. prosecutrix Hemlata (PW5) was abducted from Kota City and taken to Rawatbhata by all the appellants and kept her in a hut. In the night appellants Rameshwar, Kanwarlal, Tulsiram, Ashok and Udailal forcibly committed sexual intercourse with her. Next day she was taken to another village by all the appellants and again in the night appellants Rameshwar, Kanwarlal, Tulsiram, Ashok and Udailal committed rape on her in a house. In the morning she was taken to the house of appellant Ashok situated in village Gudda. In that house also sexual intercourse was forcibly committed with her by the aforesaid five appellants. As per the prosecution case, in absence of the appellants the prosecutrix went to a shopkeeper and informed him about her abduction and rape who reported the matter at Police Station Bijolia, District Bhilwara whereupon the prosecutrix was rescued by the police and Memo Ex. P8 was prepared. About the abduction of her daughter, mother of the prosecutrix PW2 Smt. Shanti Bai submitted a written report Ex. P7 to SHO, P. S. Dadabai, Kota on 22. 02. 92 at 6. 30 p. m. On the basis of the written report Ex. P7, FIR Ex. P8 was registered and investigation commenced. SHO, P. S. Bijolia informed the SHO, P. S. Dadabadi about the recovery of the prosecutrix on 25. 02. 92 and thereafter the prosecutrix was brought to Kota from Bijolia. On completion of investigation, charge-sheet was filed against the appellants in the competent Court. In due course, the appellants came to be tried for the offence punishable under Sections 366, 376 and 376 (2) (G) IPC. To prove the charges, the prosecution examined as many as nine witnesses. In their statements under Section 313 Cr. P. C. all the appellants pleaded innocence. In defence no evidence was adduced.

(3.) PW6 Dhanna Lal Bhat, R/o village Gudda has deposed that in March, 1992 Hukma came to him and informed that a lady had sought his help and informed him that she had been abducted. Thereafter he went to a house and found four persons and a lady there. Dhanna Lal further stated that he informed the police whereupon police came at that house and took that lady to the Police Station. Accused appellants were also arrested by the police from that house.