RUPA RAM & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred by the appellants Rupa Ram and Deepa Ram being aggrieved of the judgment dated 27.1.1994 passed by the learned Additional Sessions Judge, Bali in Sessions Case No. 8/1987 whereby, the appellants were convicted and sentences as below:- <FRM> <FRM>JUDGEMENT_86_LAWS(RAJ)6_2016_1.html</FRM> </FRM> All the sentences were directed to run concurrently.

(2.) Succinctly stated the facts necessary for disposal of the instant appeal are noted herein below:

(3.) Shri S.G. Ojha, learned Counsel for the appellants vehemently contended that the conviction of the appellants as recorded by the learned Trial Judge is totally illegal and contrary to the material available on record. He vehemently urged that the entire case as set up by the prosecution is totally false. Deepa Ram is the real brother of the first informant Manroop. Roopa Ram's sister had been married to Deepa Ram and as per the custom of atta satta prevalent in the community, it was agreed that the prosecutrix would be married to Rupa Ram. The first informant tried to wriggle out from this commitment. He contended that when the accused party insisted that he should honour the words given by him, a totally false case has been foisted against them. He further contended that Rupa Ram is having a disability in both his hands and thus, it is impossible to believe that he could subject the prosecutrix to forcible rape against her desire. As per the medical examination, the prosecutrix was major on the date of incident. Thus, as per him the physical relations, if any, established between the prosecutrix and Rupa Ram were consensual. Thus, he urged that the appeal should be accepted and while setting aside the judgment of conviction, the appellants herein deserves to be acquitted of the charges.