MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE instant criminal is directed against the judgment dated 15.5.1993 passed by Addl. Sessions Judge, Nimbaheda in Sessions Case NO.53/92 whereby the learned trial Court convicted the accused appellant for offence under Section 376 I.P.C. and passed sentence of 7 years RI along with fine of Rs.500/ - so also held the accused appellant guilty for offence under Section 323 I.P.C. and passed sentence of one month RI along with fine of Rs.100/ - and in default of payment of fine to further undergo 7 days simple imprisonment. Trial Court ordered that both the punishments shall run concurrently. As per brief facts of the case, for the incident took place on 22.8.1989, the complainant Smt. Leela Gayri PW -6 made an oral report on 25.8.1989 at about 6.45 p.m. at police station Nimbaheda in which it was alleged that on Tuesday 22.8.1989, her father Ram Lal S/o Goyal Gayri reached at Nimbaheda along with her younger brother in law Champa Lal at about 9 O' clock and at about 2 -3 O clock, the complainant and her brother in law went on foot to the Village Gothada from Nimbaheda, where they going in between the way of the agricultural field of Gokul ji Jat in the evening at about 6 -7 p.m., one person came there and asked her brother -in -law Champa Lal that Leela Gayri is not your sister in law, she is my wife assaulted Champa Lal brother in law. As per allegation while giving threat to Champa Lal took the complainant Smt. Leela Gayri forcibly in the agricultural field and forcibly committed rape amd ran away from the place of occurrence. It is also stated by the complainant that after incident, she met her brother in law Champa Lal, who was standing upon 'Paali' near the place of occurrence. Her brother in law Champa Lal informed that name of person who had committed rape is Madan S/o Mana Jat. After the incident when they reached home, whole incident was reported to the aunty of her husband Nandu because her father in law and mother in law were out of village, therefore, whole incident was reported to husband and after searching accused gave information after three days for taking action against accused Madan Lal who committed rape upon her.

(2.) THE Sub -Inspector Ram Ji Lal of police station, Nimbaheda registered the FIR (Ex.P/1). Upon which, the complainant put her thumb impression. After registration of FIR, accused was arrested and after complete investigation, challan was filed against the accused appellant for the offence under Section 376 and 323 IPC in the Court of Munsif and Judicial Magistrate, Nimbaheda from where the case was committed to the Sessions Judge, Chittorgarh but later on transferred to the Court of Addl. Sessions Judge, Nimbahead for trial.

(3.) IN the trial, statement of PW -1 Prathvi Raj, PW -2 Champa Lal, PW -3 Devi Lal, PW -4 Ram Lal S/o Kalu ji, PW -5 Har Lal, PW -6 Smt. Leela Bai W/o Prathvi Raj, PW -7 Ram Lal S/o Chunni Lal, PW -8 Dr. Rajendra Kumar and PW -9, Smt. Nandu W/o Rupa ji were recorded and after recording evidence of prosecution, the statement of accused -appellant were recorded under Section 313 Cr.P.C. in which it is stated by him that Image 1