SUKHWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by appellant Sukhwant Singh arises out of the judgment and order dated 24/9/1984 passed by the learned Additional Sessions Judge, Dholpur, by which the learned Judge has convicted him for offence under Sections 366 and 376 IPC and sentenced him to undergo rigorous imprisonment for four years with a fine of Rs. 500.00 under each count, in default thereof, to further undergo six months simple imprisonment.

(2.) On 13/10/1979 at about 1.30 PM, two constables namely, PW 3 Muzaffar Husain and PW 4 Gauri Shanker having seen a girl sitting in truck No. 1831 AAT coming from the side of Gwalior and while crossing Chambal Bridge, tried to make the truck stopped. However, the truck did not stop and the constables chased the truck. It stopped at Sagarpada octroi post. On seeing these two constables, the girl sitting inside the truck raised an alarm. On being asked by the constables, the girl disclosed that she has been abducted and raped. In the mean time appellant Sukhwant escaped. They handed over Imadadul Haq and Sobha to PW 2 Dwarka Prasad, Head Constable, who in turn took the truck along with second driver accused Imdadul Haq and Sobha to Police Station, Kotwali, Dholpur where PW1 Mst. Sobha lodged FIR, with the following allegations :

(3.) While she was waiting for bus at Emaredi (Maharashtra), a truck driver asked her as to where she had to go. When she replied that she had to go to Kamaredi, the truck driver made her to sit at the front side. The truck driver did not stop the truck at her destination and proceeded ahead. She then alleged that both the truck drivers, by turn, committed rape on her against her will 2-3 times. On her raising hue and cry, the accused said that there was none to hear her cries. She then disclosed the names of truck drivers as Sukhwant Singh and Imadadul Haq and said that Sukhwant Singh had escaped.