SHIVJI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal from jail by the accused appellant, Shivji who has been convicted under section 376, Penal Code and sentenced to three years rigorous imprisonment and a fine of Rs. 200.00 in default of payment of fine to suffer a further rigorous imprisonment for two months, by the learned Addl. Sessions Judge, Bundi.

(2.) The facts of the case, in brief are that on 3-10-1975, at about noon, Mst. Bhuli had gone to a 'nala' for making her mare to drink water. When she was returning home she was prevented by the accused who caught hold of her hand and dragged her inside her field containing Juwar crop. It was contended that the accused threatened her with a knife saying that she will meet dire consequences in case she did not surrender herself for sexual intercourse. It was further contended that the accused committed sexual intercourse with Mst. Bhuli, she raised cries which attracted her brother P.W.1 Babu and her cousin P.W8 Ram Niwas, Mst. Bhuli was taken home by these witnesses where she narrated the incident to her mother. The father of the girl was not present in the house. He returned next day. After his return, a Panchayat of the entire village community was convened, and a report was drafted and sent to the police.

(3.) The accused pleaded not guilty and claimed trial.