GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The matter came up on board on the application for suspension of sentence filed on behalf of accused-appellant Gopal, however, at the request of learned Amicus Curiae, not opposed by other side, the appeal itself was heard.

(2.) The appeal from jail filed u/s. 383 Crimial P.C. by accused-appellant Gopal has challenged the judgment of conviction and order of sentence dated 13.022003 passed by Addl. Sessions Judge, (Atrocities on Women) Cases, Bhilwara in Sessions case No. 59/2002 - State Vs. Gopal , whereby the accused- appellant has been convicted for the offence u/s. 376/511, 363 and 368 Penal Code and under each of the Sections sentenced to rigorous imprisonment for 5 years with fine of Rs. 1,000.00 and in default of payment of fine to suffer further rigorous imprisonment for a period of three months.

(3.) The facts as may be summarised for the just decision of the appeal are that on 17.08.2002 at 4.15 p.m., PW-3 Smt. Chandi Devi widow of Nathu Bheel, submitted Ex.P/3, a written report at police outpost Aasind stating, inter alia, to the effect that on that day at 3 0' Clock in the day when she was sitting on Chabootri (a place for sitting outside house), at that time Gopal of Kaliyas called her grand-daughter Soni from the house of Chauthu and took her towards his house. As Gopal was not a person of good character, she told Ladu Daroga and Jagdish Regar that Gopal after taking her grand-daughter inside his house has closed the doors and will kill her grand daughter and she requested them to come with her. Thereafter, Ladu, Jagdish, Devi and she herself went to the house of Gopal and by giving.a leg stroke when the door was opened, it was found that Soni was lying necked there without underwear on a coat and Gopal seeing them stood up. All the persons caught hold of Gopal and took him to the Rawala Chowk. It was also stated in the report that had they not reached at the spot, Gopal would have committed rape with Soni. The witnesses have seen Gopal attempting to commit rape with Soni and Soni, on asking, told that on the pretext of giving her sweetmeats Gopal had taken her to his house and there got her underwear put off, gently rubbed his hand on her private part and laid down on her.