KALUWA RAM AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants had faced trial in F.I.R. No. 87/2008 registered at Police Station Kathumar, District Alwar for the offences under Sections 342, 366 376(2)(G) of Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and ion 3(1)(XII) of the Scheduled Castes and Scheduled Tribes (Prevention of cities) Act, 1989 (hereinafter referred to as 'Act ).

(2.) Prosecution story in brief is that on 23.4.2008 prosecutrix had gone along with her father-in-law to get medicine as she was not feeling well. Hospital was closed and she met her son Babli on the shop where he was employed. She told her son that she was not feeling well as she was suffering from fever, vomiting and loose motion. Thereafter, prosecutrix went to a nearby chemist shop and took medicine. Then the prosecutrix along with her father-in-law came towards the market from the side of power house. One black colour jeep was standing there. 2-3 persons got down from the jeep i.e. Kaluwa, Bablu and Roopi. The said persons forcibly made the prosecutrix to sit in the jeep, Prosecutrix raised alarm but Bablu switched on some machine in the jeep. When Prosecutrix raised alarm, Kaluwa shut her mouth. Then the said persons drove the vehicle to a two-storey house. Prosecutrix was taken forcibly to the first floor and offence of rape was committed. Case of the prosecutrix further is that she became unconscious after the offence was committed and she regained her consciousness in the morning and found herself on an unpaved path. Then the Prosecutrix reached home and narrated the occurrence to her husband, ere after, matter was reported to the police.

(3.) After completion of investigation and necessary formalities, challan was presented against the accused.