RAMLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal by appellant Ram Lal arises out of the judgment and order dated 29/1/1985 passed by the Additional Sessions Judge, Kishangarh-bas, by which the learned Judge has convicted the appellant for offence under Sections 376, IPC and sentenced him to undergo rigorous imprisonment for 7 years with a fine of Rs. 500.00, in default thereof, to further undergo rigorous imprisonment for 3 months.

(2.) At the very out set, it may be stated that another accused Vijay Kumar who was convicted and sentenced for offence under Section 376 read with Section 114, IPC had also filed separate appeal against his conviction. During pendency of his appeal, Vijay Kumar died and accordingly this court disposed of his appeal as having become abatted, in view of the provisions of Section 394 Cr.P.C. Succinctly stated the facts of the case giving rise to the present appeal are that on 9/9/1981, PW 3 Chiman Ram lodged a written report, Ex. P3 at Police Station, Kishangarh-bas alleging therein that on 8/9/1981 at 4.00 PM while his niece had gone to the forest to collect grass, two boys namely, Ramu and Maku @ Vijay Kumar made her to fall on the earth with an intention to commit rape. The girl raised hue and cry, which attracted the attention of Kyaliram and Shiv Lal who were working at the nearby well. Both these persons came to the place of incident and saw accused Ramu committing rape on the prosecutrix, who on hearing the voice of the witnesses, escaped from the scene. The witnesses chased the accused and succeeded in apprehending the accused. Thereafter, they made to accused to stay with them so as to inquire into matter. Lastly, it was alleged that in the night they convened meeting of two villages and then handed over the accused to police in the night itself.

(3.) On the above report, the police registered a case for offence under Section 376, IPC vide FIR, Ext. P5 and proceeded with the investigation. In the course of investigation, site plan, Ex. P1 was prepared, the Salvar of the prosecutrix was seized, appellant Ram Lal was arrested, his underwear was seized, hairs found at the place of incident were also seized and the seized articles were sent to Forensic Science Laboratory for examination. The report of FSL is Ex. P. 9. The learned trial court, on the basis of evidence and material collected during investigation, framed charge against the appellant for offence under Sections 376 IPC. The appellant denied the charge and claimed trial. In order to prove its case, the prosecution examined 6 witnesses and got exhibited some documents. The accused was then examined under Section 313 Cr.P.C. He did not examine any witness in his defence.