MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by accused-appellant Mohan Singh against the Judgment dated 7-8-2002 passed by the learned Additional District and Sessions Judge (Fast Track), Jaipur, District Jaipur whereby the accused-appellant has been convicted for the offence punishable under Section 376 of the Indian Penal Code and sentenced to suffer S.I. for 7 years and a fine of Rs. 500/-, in default to further suffer S.I. for six months.

(2.) The case of the prosecution is that the appellant-Mohan Singh is the father-in- law of the prosecutrix PW-2 Chain Kanwar w/o Shakti Singh (PW-4). On the intervening night of 27th and 28th October, 1997 PW-4 Shakti Singh was sleeping at his maternal grandfather's home and in one of the rooms of the house belonging to the appellant, the prosecutrix was sleeping. At about 1.00 a.m. appellant asked the prosecutrix to open the door of her room on the pretext that her mother-in-law is not well. When the prosecutrix opened the door the appellant entered into the room, closed the door and thereafter forcibly committed sexual intercourse with the prosecutrix. At that time he was drunk and armed with a gun. When the appellant fell asleep in the same room, the prosecutrix came out and narrated the incident to her mother-in-law. Her mother-in- law asked her not to tell anybody about the incident. The appellant kept the prosecutrix for 1-1 1/2 months at his house, used to beat her daily and she was dropped thereafter at her parents' house. During this period the appellant got some papers written and signed by the prosecutrix. On reaching at her parents' house the prosecutrix narrated the incident to her mother and father and went to the police station along with her father PW-5 Inder Singh and lodged a written report Ex.P2 at P. S. Sanganer, District Jaipur. On the basis of written report Ex.P2, the SHO registered FIR Ex.P3 and investigation commenced. On completion of investigation, charge-sheet was filed against the appellant in competent Court. In due course the appellant came to be tried for the offence under Section 376, IPC. The appellant pleaded not guilty and claimed trial.

(3.) To prove the aforesaid charge the prosecution examined as many as 13 witnesses. In his examination under Section 313, Cr.P.C. the appellant pleaded innocence. In defence DW-1 Ranjeet Singh was examined.