SANWALIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by Sanwaliya, who has been found guilty of committing an offence under Sec. 376 Penal Code by the learned Additional Sessions Judge, Gangapur City by his order dated Dec. 2, 1974 and has been sentenced to undergo rigorous imprisonment for a period of four years and a fine of Rs. 200.00 and in default of payment of fine to further rigorous imprisonment for a period of two months.

(2.) The appellant in this case was charged of committing rape upon a girl of seven years named Prem Kanta, daughter of Ishwarlal. The prosecution case is that Prem Kanta along with her brother was playing in the 'Chhappar' of Smt. Kanchan Devi PW 6 during the noon of April 28, 1974 while Smt. Kanchan Devi was taking her bath at that time on a well situated in the compound of her premises. The appellant Sanwaliya is alleged to have gone to the well at the time when Smt. Kanchan Devi was taking her bath. Kanchan Devi objected to his presence there and asked him to go away as she was taking her bath. Sanwaliya appellant then moved towards the 'Chhapper' where Prem Kanta and her brother were playing and there he committed rape upon Prem Kanta. Upon hearing her cries, Smt. Kanchan Devi came to the spot but as soon as she came the accused ran away from the place of occurrence and Smt. Kanchan Devi raised hue and cry. The mother of Prem Kanta, who resided in the house across the road immediately rushed to the spot. After some time the father of the girl also came and he took Prem Kanta to the Government Hospital at Gangapur City, where she was medically examined by Dr. Ratan Chand PW I. A case under section 376 Penal Code was registered against the appellant Sanwaliya and after the usual investigation he was arrested and was also medically examined The police filed a challan against the appellant in the Court of Munsiff-cum-Judicial Magistrate First Class Gangapur City, who committed the appellant to face his trial before the learned Additional Sessions Judge, Gangapur City. The learned Additional Sessions Judge, after holding a trial in accordance with law, convicted and sentenced the appellant as mentioned above.

(3.) I have carefully considered the entire evidence on record of the case. Prem Kanta PW 7 was questioned by the learned Additional Sessions Judge, who felt satisfied that she understood the questions reasonably and was capable of giving intelligent answers to the questions put to her. He also found that she understood the sanctity of oath. Prem Kanta stated that while she was playing in the 'Chhappar' of 'Mataji' i.e. Smt. Kanchan Devi who was taking her bath on the nearby well, the appellant came and asked her as to where her parents were then and she replied that her mother was doing some work in the house while her father had gone out in connection with his employment. Thereafter, the appellant Sanwaliya committed rape on her, on which she cried and she was lifted by Smt. Kanchan Devi, who took her to her house and from there her father took Prem Kanta to the Hospital where she was medically examined by the doctor. Smt. Kanchan Devi PW 6 has supported the prosecution story and has stated that the appellant was sitting on the Chabutra near the well and she asked him why he had gone there. She also asked him to go away on which the appellant went away towards the side where her 'Chhapper' was situated. When the appellant Sanwaliya had gone away she started taking her bath and after a few minutes she heard the cries of Prem Kanta, and on reaching there she found the appellant getting from over Prem Kanta and running away. She found Prem Kanta bleeding from her genitals and she immediately brought her to her house and from there she along with the father of Prem Kanta went to the hospital where the girl was examined by the doctor. The statements of these two witnesses are also supported by PW 4 Shanti Devi, mother of Prem Kanta and PW 5 Ishwarlal, father of Prem Kanta.