STATE OF RAJASTHAN Vs. RAJVEER SINGH & OTHERS

JUDGEMENT

(1.) Instant criminal appeal has been filed by the State against judgment dated 27th Oct. 1984 passed by the Sessions Judge, Bikaner in Sessions Case No.51/1983 whereby the learned trial court has acquitted accused-respondents No.1 to 5 from offence under sections 452, 342, 376, 395 Penal Code extending benefit of doubt.

(2.) As per facts of the case, the complainant Dule Singh lodged a report with Police Station, Jamsar. The details of the report alleged that in the night of 14/15th Feb. 1983 Dule Singh slept with his family after dining, lamp was alighted, around one o’clock in the night the complainant and his wife awoke on dog's barking and on getting awaken they found 7 armymen were there, having guns, beaten them with fists, guns and after tying complainant with a string, raped Barja Devi, wife of the complainant. Barja Devi and two of their small daughters kept on crying but ignoring their cries, all of them committed gang rape with Barja Devi. After hearing cries and chaos, neighbour Ram Singh approached there but armed persons did not dare him to come near and while escaping all army men looted and took away ornaments of complainant. While leaving, they threatened to kill in case of action and uttered that they are army men and no wrong could be done to them. The complainant remained confined in the hut during night and on day break he went to Sarpanch and his family members and informed about the incident. Complainant and his wife conveyed to Bikaner hospital and the complainant recorded his statement on 15th Feb. 1983 at 05:15PM in the hospital, on basis of which Exhibit P25 unnumbered FIR was lodged and was reduced into writing in the Roznamcha at 08:45PM, which became basis of Exhibit 8 FIR No.15/1983 dated 16th Feb. 1983 under sections 376, 395, 342/34 IPC.

(3.) After investigation, challan was filed against Rajvir Singh, Ram Gopal, Risal Singh, Shiv Varan and Balvir Singh and after framing of charges under sections 452, 342, 376, 395 Penal Code and recording statement of witnesses PW1 Khushal Chand, SHO, PS Sadar, Bikaner, PW2 Mahendra Singh, ASI, PW3 Ramchandra, PW4 Karni Singh, PW5 Karan Singh, PW6 Premdan, PW7 Dr. Smt. Chaman Jain, PW8 Dr. P.N. Mathur, PW9 Govind Singh, PW10 Dr. Smt. Chitra Sareen, PW11 Ibrahim Khan, PW12 Bhanwar Singh, PW13 Lieutenant Colonel R.K. Mehta, PW14 Captain Harjeet Singh, PW14 Ram Singh, PW16 Barja Devi, PW17 Dule Singh, PW18 Rameshwar Lal, PW19 Bagdawat Ram, PW20 Kalyan Singh, PW21 Shaitan Singh, PW22 Muneer Shah, PW23 Laxmi Lal Bhatnagar, PW24 Mohan Singh, ASI, PW25 Kishore Singh, PW26 Umesh Kumar Sharma, RJS, PW27 Ratan Singh, PW28 Abdul Tayum, PW29 Vishnu Bhagwan, PW30 Bhopal Singh, statement of accused were recorded under section 313 Crimial P.C. and an opportunity was given to the accused persons to adduce their evidence.