RAM PAL Vs. STATE OF RAJ

JUDGEMENT

(1.) Both these appeals have been filed by accused appellants ram pal and doulat, assailing the judgment dated 28.8.1991 passed by Special Court (Sati Nivaran) Addl. Sessions Judge, Jaipur City, Jaipur in Sessions Case No. 18/90 convicting them for the offence punishable under Section 376(2)(g) IPC and awarding both of them sentence for rigorous imprisonment for a period of ten years and imposing a fine of Rs. 100/- and additionally awarding rigorous imprisonment for one month in default of payment thereof.

(2.) Since both the appeals have arisen out of the same judgment, therefore, the same are being decided by this common judgment.

(3.) Briefly stated the facts giving rise to the appeals are that an FIR was lodged by one Bhanwar Singh at Police Station Shastri Nagar, Jaipur on 10.10.1988, alleging that when he came back home after his work at about 11 p.m. in the night on 9.10.1988, his wife Rukma told him that when she was sleeping in her home, at about 9.30 p.m., Doulat came there and forcibly took her to her other house, which was lying vacant. He pulled her down on the floor and with the intention to commit rape entered his part of the body in her body. She tried to push her away. Thereafter, Rampal also came there and told her to do the same with him when she denied, Doulat while showing her knife forced her for the same, then Rampal also forcibly did the same. She could not make any hue and cry out of fear. When she came out, Bhagirath Singh saw them and shouted. Both these persons ran away and many other persons from the neigh-bor-hood gathered there. Bhanwar Singh also mentioned that when he tried to come to police station to lodge the report, the neighbors withheld him. After holding a meeting, they told him to file the FIR.