RANGLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated February 15, 2001 passed by the learned Additional Sessions Judge, Kekri whereby accused-appellant Ranglal has been convicted under Section 376 IPC and sentenced to suffer R. I. for seven years and a fine of Rs. 20,000/-, In default of payment of fine to further suffer simple imprisonment for one year.

(2.) Briefly stated the facts of the prosecution case are that on April 21, 2000 at 1.00 p.m. the prosecutrix (PW1) submitted a written report Ex. P1 at police station Kekri wherein it was, inter alia, stated that yesterday on April 20, 2000 she was alone in her house. Her husband had gone to appear in the examination and her in laws had gone to attend a marriage. At about 10.30 a.m. accused appellant Ranglal s/o Bholu, by caste - Carpainter came in her house and committed rape on her. She protested and made hue and cry but nobody heard it. When the accused appellant was fleeing from her house after having committed rape, he was seen by 4-5 persons who were standing near hand pump. She narrated the incident to her family members on their arrival at home in the night. Along with written report Ex. P1, 'Blouse', 'Ghaghra' (petticoat) and 'Underwear' which the prosecutrix was wearing at the time of the incident were produced before the SHO. On the basis of the said written report case under Section 376 IPC was registered and investigation commenced. 'Clothes' of the prosecutrix were seized and sealed vide Memo Ex. P4. The prosecutrix was medically examined. The Investigating Officer inspected the place of occurrence and prepared Site Plan Ex. P3. The accused appellant was arrested and he was also examined by a doctor. Statements of the witnesses under Section 161 Cr. P. C. were recorded. After completion of investigation charge-sheet was filed against the accused appellant in the Court of learned Additional chief Judicial Magistrate, Kekri who committed the case for trial to the Court of learned Additional Sessions Judge, Kekri.

(3.) Learned Additional Sessions Judge framed charge under Section 376 IPC against the appellant who pleaded innocence and claimed to be tried.