HARI SINGH Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) The occurrence which has given rise to this appeal took place on the night intervening 9th and 10th May, 1973 at village Sarani Khera, under Police Station, Dholpur. The prosecution case is that Kumari Laxmi, minor daughter of Rameshwar Dayal, was residing with her father and was sleeping in the chowk of his house on the aforesaid night. At about 9 or 10 p.m. on May 9, 1973 she came out for urination and at that time she found that the appellant Hari Singh was standing in front of her father's house near a handpump. Hari Singh asked her to accompany him to his house as his mother was seriously ill. Kumari Laxmi accompanied Hari Singh to his house and there Hari Singh caught hold of her hand and bade her not to make any noise, threatening to kill her in case she made some noise and directed her to accompany him. Hari Singh was known to Kumari Laxmi for almost a year prior to the date of the aforesaid incident, as he was living just near the house of Laxmi's father and Hari Singh's mother used to come often to meet Laxmi's mother at the latter's house. Hari Singh is also said to have taken a photograph of Kumari Laxmi prior to this incident. Laxmi then accompanied Hari Singh, who took her on a bicycle to village Mania and then to Dholpur and from there they boarded a bus for Agra, where Hari Singh kept Laxmi in the house of his brother, Ram Babu. While residing in the house of Ram Babu at Agra, Hari Singh is said to have forcibly committed illicit intercourse with Laxmi and then he also asked her to marry him and desired to get their marriage registered in the Court, but Laxmi declined to marry him. Thereafter Hari Singh took Laxmi in a bus to Murena and therefrom to Dongarpur, where Ram Gopal, husband of Hari Singh's mother's sister resided. He stayed there for two days and from there Hari Singh took Laxmi to village Hingona where they stayed at a Brahmin's house for a night and there Hari Singh came to know that the police was making a search for him and, therefore, he took Laxmi on foot from that village to a lonely temple situated at a place called 'Pachkund'. The two remained there for a day and Hari Singh is alleged to have committed rape upon Laxmi in the temple at 'Pachkund' and thereafter Hari Singh threatened Laxmi that he would kill her in case she did not go to the Police Station and give a statement in his favour, as the police was making a search for him. Hari Singh then brought Laxmi to a place near about Dholpur and left her about a mile on the way from Dholpur from where Laxmi went to the Sadar Kotwali Police Station, Dholpur and disclosed the entire story. The police got Laxmi medically examined and thereafter handed her over to her father.

(2.) Turning to the scene in the house of Rameshwar Dayal in the morning of the 10th May. 1973 when Rameshwar Dayal woke up, he found the bed of Laxmi empty. He made an inquiry from all the inmates of the house including his sons and his father but nobody knew about her. Rameshwar Dayal also made Tantric search in the village and also made an inquiry from Hari Singh's mother, who resided nearby. Smt. Chameli, mother of Hari Singh told Rameshwar Dayal that if her son had taken away Laxmi then she would make a search in the matter and would see that Rameshwar Dayal's daughter was restored to him. But as the search made by Rameshwar Dayal did not prove to be successful, he lodged a report at the Police Station Sadar Kotwali, Dholpur at 3.15 p.m. on May 10, 1973. According to Rameshwar Dayal the age of Laxmi at the time of the occurrence was 14 years and she had read at the Sarani Khera school upto 5th class and left the said school as she failed in the 5th class. Gordhan PW 3 is the grandfather of Laxmi. He also corroborated the statement of Rameshwar Dayal PW 2 and stated that he was sleeping on the Chabutari outside the house and in the early hours of the morning on May 10, 1973 Rameshwar Dayal woke him up and asked him as to where Laxmi was, but he did not know about her. He also stated that on the evening of May 9, 1973 appellant Hari Singh came to the Mohalla where the house of the witness was situated along with two other boys. He further stated that an inquiry was made from Smt. Charaeli, mother of the appellant Hari Singh, who told them that Hari had come to the house along with two other boys in the night but he had gone away at that very time. Ram Gopal, who is the husband of the appellant's mother's sister has been examined as PW 4 and he stated that the appellant along with a girl came to his house at village Dongarpur and he had asked the appellant as to who the girl was, on which the appellant told him that she was a Brahmin girl and that he had gone to that village only to meet his relations. According to this witness the appellant and the girl, whom he recognised to be Laxmi, remained in his house for two days but then he asked them to go away from his house and both of them left his house. In the cross-examination this witness stated that he entertained a' suspicion and that was why he asked the appellant Hari Singh about the identity of the girl, but he told him that she was a Brahmin girl, and was resident of Dholpur, who had lost her parents, PW 5 Sita Ram stated that he had seen Laxmi going on the bicycle of the appellant Hari Singh towards Dholpur, about a mile or one and a half miles away from that place and then he had asked the appellant as to why he was taking Laxmi with him. on which he replied that the sister of Laxmi's father, who resided at Dholpur was ill and, therefore, he was taking Laxmi to her place. He also stated that they were followed by two other boys on another bicycle. Sarwan Lal PW 6 is the Station House Officer of the Police Station, Kotwali, Dholpur and he stated that the report Ex. P/2 was submitted by Rameshwar Dayal before him, after which he started investigation in the case and on May 19, 1973 Laxmi was produced before him by Assistant Sub-inspector Moti Singh, who told him that he found the girl coming towards Kotwali Police Station and that after recording the statement of Laxmi he sent her for medical examination. After investigation, a challan was submitted by the police in the Court of the Magistrate First Class, Dholpur, who committed the appellant to the Court of the Additional Sessions Judge, Dholpur for standing his trial for offence under Sections 363, 366 and 376 Indian Penal Code The learned Sessions Judge after completing the trial, acquitted the appellant of an offence punishable under Sec. 376 Indian Penal Code giving him the benefit of doubt, but he held that the appellant was guilty for committing offences punishable under Sections 363 and 366 Indian Penal Code and convicted him for the aforesaid offences and sentenced him to three years' rigorous imprisonment and a fine of Rs. 100.00 and in default of payment office to undergo further rigorous imprisonment for two months under Sec. 363 Indian Penal Code and to four years' rigorous imprisonment and a fine of Rs. 200.00 and in default of payment of fine to further undergo rigorous imprisonment for four month under Sec. 366 I P.C.

(3.) Against his .conviction and sentence as aforesaid, the appellant Hari Singh has filed the present appeal in this Court.