NARAIN ALIAS NARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1. 10. 2002 passed by the Additional Sessions Judge, Women Atrocities Cases, Bhilwara, whereby, accused - appellant Narain @ Naran has been convicted and sentenced under Section 376 IPC, to ten years rigorous imprisonment and a fine of Rs. 1000/- in default of payment of fine to further undergo three months' rigorous imprisonment and under Section 392, IPC, ten years' rigorous imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further under three months' rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) THE prosecution story, in nutshell, is that on 25. 08. 99, Smt. Chandi W/o Shri Chhagan lal lodged a written report (Ex. P-4) with the Police Station, Kotri, District - Bhilwara to the effect that on 24. 8. 99, while she was selling chilli at village Singhji- ka-Khera, at around 7 - 7. 30 p. m. , accused Narain Gujar came to her with a Tractor and Trolley and told her that his brother (accused's brother) had a shop in the village and he will get her chilli sold at the shop of his brother. Upon this, two bags of chilli, which she (the prosecutrix) was having, were loaded on his (accused's) tractor. She also boarded the tractor of the accused. THE accused took he said tractor to the jungle and when the night started to approach, he stopped his tractor near a `naari' and `babul' trees and, on the pretest of urinating, he got down from the tractor. THEreafter, he fell down a bag (`bori') of chilli from the trolley of the tractor. THE accused also pulled the prosecutrix forcibly by hand and felled her down beneath the trolley of the tractor and committed rape with her. When she started to raise hue and cry, the accused pressed her mouth by his hands. THEreafter, the accused loaded the chilli bag (`bori') in the tractor and made her to sit on the tractor and took the tractor hither and thither. THEn he took the tractor to Seriya (a place), where both sides, `thor' trees were grown up. THE accused again unloaded the chilli bag (`bori') and felled her down and committed rape (intercourse) with her. When she started to raise hue and cry, her mouth was shut down by the accused. THEn he again loaded the chilli bag (`bori') and the prosecutrix in the tractor and went towards Chhapar. At Chhapar, he stopped the tractor, pulled her from the tractor and revished her. Lastly, he accused took the tractor along with prosecutrix near a pond (`taalab') and threatened to throw her in the pond and snatched from her forcibly gold tops and a sum of Rs. 1,000/- and, thereafter, the accused ran away from the scene of the occurrence along with the tractor. THEn the prosecutrix reached village Aakoria and knocked the door of a house and took shelter for night there and revealed the incident to a lady, Smt. Tejkanwar. Lastly, it is alleged in the complaint that the rape has been committed by the accused with the prosecutrix thrice and a sum of Rs. 1,000/- and gold tops have also been snatched by him forcibly, so, strict action may be taken against the accused.

(3.) THE prosecution examined 12 witnesses (P. W. 1 to P. W. 12) and produced 18 documents (Exs. P1 to P-18 ). THE accused examined to witness in defence. In the explanation recorded under Section 313 Cr. P. C. , the accused stated that he is innocent and due to enmity with Ramkunwar Jat, Sarpanch, he has been falsely implicated.