ANDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated February 27, 2002, passed by the Additional Sessions Judge No. 3, Udaipur, by which accused - Anda has been convicted and sentenced under Section 366 IPC, to two years' rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to further suffer fifteen days' additional simple imprisonment; under Section 376 IPC, 5 years' rigorous imprisonment and to pay a fine of Rs. 2000/-, in default of payment of fine to further suffer one month's additional simple imprisonment; under Section 342, IPC 6 month's rigorous imprisonment; under Section 323, IPC, 6 months' R. I. and under Section 324 IPC, one year's rigorous imprisonment. All the sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the prosecution story is that on May 17, 2001 at 8. 30 p. m. , Kum. Dhani D/o Bhika by caste Garasia, R/o Parla-ka-Chaura, District Udaipur lodged a report (Ex. P/1) with the Police Station, Ogna, District - Udaipur that on May 15, 2001, at about 1. 00 p. m. while she was going to her house, for taking lunch, after carrying out the work in Drought Relief Operation, then near Mahura, Anda S/o Gala Garasia, R/o Padmavri and Bhagga S/o Dhana Garasia R/o. parla Chaura, stopped her in the way and Anda, by using force and pulling her hand and dragging her, started to say that he would keep her as wife at his house. It was further averred in the complaint that while she resisted and raised hue and cry, then Babu S/o Puna Gameti R/o Parla-ka-Chaura (who was met and supervising the Draught Relief Operation), Pitha S/o Ratta Garasia, R/o Kotiya-ka-Leva and her brother Dhula came to the place of occurrence and tried to rescue her, but both the aforesaid accused were not inclined to set her free and she was forcibly taken to the village of Anda and was confined to the house of anda. Anda committed rape with her against her wishes and, thereafter, Anda burnt the heels of the prosecutrix by fire, so that she may not escape. Anda also gave her beating. In the night, while Anda was sleeping, she came running from the house of Anda to her village and narrated the entire story to her father. Lastly, it was averred in the complaint that case may be registered and action may be taken against Anda and Bhagga Garasia, in accordance with law.

(3.) AFTER hearing the learned Additional Public Prosecutor for the State and the learned counsel for the accused and examining the documents available on record, the learned trial Court gave the benefit of doubt to accused Bhagga and acquitted him from the offence under Sections 366 and 341, IPC, and convicted accused Anda under Sections 366, 376, 342, 323 and 324, IPC, against which he has preferred this Jail appeal.