GANESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal has been preferred against the judgment dated 30.3.1992 passed by the learned Sessions Judge, Sirohi whereby he convicted the appellant for the offence under sections 363 and 376 IPC and sentenced him under each count for 7 years rigorous imprisonment an a fine of Rs. 100/ - in default to further undergo imprisonment for the month.

(2.) BRIEFLY the facts necessary for the disposal of this appeal are that on 22.12.1987, prosecutrix Usha (P.W. 7) aged about 14 years alongwith her cousin sister Kamla (P.W. 3) and brother Bhuriya (P.W. 6) had gone to collect wood in the jungle near village Gadiya. At about 12.00 noon, co -accused Chuniya, who is eldest brother of the prosecutrix, alongwith appellant Ganesh came there. It is alleged that Chuniya and appellant caught hold the hands of the prosecutrix and took her away. Kamla and Bhuriya rushed to their house and informed the matter to P.W. 2 - Bhura, who alongwith Bhagga went to the jungle and saw Chuniya and appellant forcibly taking away to prosecutrix. The were also threatened by Chuniya and the appellant.

(3.) IT is the case of the prosecution that on 15.1.88 while the prosecutrix Usha was being taken by the appellant in the bus from village Ajari to Pindwada, she was spotted by her brother - Chhoga Ram and that thereupon the appellant alighted from the bus and made good his escape. The prosecutrix was medically examined and the doctor found that her genitals were well developed. Her hymen had already ruptured. There was no mating on public hair and there was no evidence of any fresh or old injury on her genitals, thigh, lower abdomen and breast. Dr. Chotha Ram (Pw.9) vide Ex.P. 16 opined that on opinion could be given regarding sexual inter -course with the prosecutrix. On radiological examination, her age was determined about 14 years.