MANGI RAM MANGI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.4.1994 passed by the Additional Sessions Judge Sriganganagar, Camp at Srikaranpur, in Sessions Case No. 72/94. The learned Judge has, by the said order, convicted the appellant u/s 376 of the Indian Penal Code for seven years rigorous imprisonment and pay a fine of Rs. 1,000/-. In default further to undergo three months simple imprisonment.

(2.) On 30th August 1992, First Information Report was lodged by Smt. Krishna Bai stating that she, along with her Jethani went in the field of Vijay Pal for cutting grass in the evening of 26.8. 1992 at about 5.00 p.m. When she was taking the grass, both accused persons Mangiram and Krishnalal came there, caught hold of her and took her to the adjoining field. There Krishnalal caught her by arms and Mangiram committed rape on her. It is stated in the First Information Report that the prosecutrix was dragged in the field of cotton and held by Krishnalal who gagged her mouth by hand and Mangiram committed the rape. She then cried for help and her Jethani went to call her father-in-law. On their arrival, they challenged the accused, who then ran away, leaving the prosecutrix and while going away, snatched the golden ear rings from the ears of the prosecutrix. On the basis of this First Information Report, the investigation was taken up and after recording statements of several witnesses, challan was put up and in due course, the accused were prosecuted.

(3.) The learned Judge accepted the testimony of the prosecutrix. He disbelieved the prosecution evidence in so far as accused Krishnalal is concerned. The claim of the prosecutrix and other prosecution witnesses that she was held by arms by Krishnalal and her mouth was shut by Krishnalal thus aiding in getting commission of rape by the accused Mangiram, the learned Judge found that this part of the evidence is unbelievable. He, therefore, proceeded to acquit accused Krishnalal of offence u/ss 354 and 376/114 of the Penal Code.