CHHOTU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal by accused Chhotu Lal is directed against the judgment of learned Additional Sessions Judge No. 2, Kota, dated Sept. 30, 1983, whereby the appellant has been convicted under Sec. 376 Penal Code and sentenced to imprisonment for life and a fine of Rs. 501/- and in default of payment of fine to undergo further rigorous imprisonment for two years.

(2.) Prosecution story in brief is that on Feb. 6, 1983, at about 9.45 a.m. Smt. Gajri Bai PW 7 lodged an oral report in Police Station, Udyog Nagar, Kota, to the effect that her husband had gone to M/S. J.K. Synthetics Ltd, Kota in the morning for service and she was preparing her meals. Her daughter Gaytri, aged 7 years, had gone away in the front portion of the house for playing. While she was cooking her meals, the wife of the accused appellant Smt. Ghisi came to her and started talking. Smt. Ghisi asked the informant Smt. Gajri Bai to accompany her for transporting bricks. But Smt. Gajri Bai told her that she would first clean her utensils and fill water and thereafter she would go for transporting bricks. Thereafter, Smt. Ghisi kept sitting with the informant Smt. Gajri Bai. After talking her meals, the informant cleaned the utensils and then called her daughter Gaytri but she did not respond. Thereupon the informant went to the house of the accused in search of her daughter Gaytri but she was not found inside the house. There was blood seen on the bed and also on the ground. On seeing the blood the informant got frightened and saw Gaytri in the rear portion of the house. The accused was bringing Gaytri in his lap. On inquiry foom the appellant as to how blood was spreading on the ground, the accused replied that Gaytri had been hurt. Thereupon the informant took Gaytri in her lap and brought her in her courtyard. Thereafter, Gaytri was made to stand. The informant Gajri Bai told Smt. Ghisi that her husband (accused) had committed rape with her daughter. Smt. Ghisi did not utter any word and went to her house. Thereafter, Gajri Bai left her daughter in the house and went to report to her husband in J.K. Synthetics. She told the entire story to her husband. Mohallawalas brought her husband to the house and she came on-foot. When she reached her house, the platform was stained with the blood of Gaytri. Chhotu Lal was caught hold by Mohallawalas and was given beating. Gaytri was taken to the hospital by her husband. On the basis of the above oral report FIR Ex. A 9 was recorded in the Police Station. On receiving the above report the police registered a case under Sec. 376 Penal Code and started investigation. The accused was arrested on the same day and the police seized blood stained Chaddi (under-wear) and blood stained Pent of the accused. The accused has also got medically examined. Blood was also seized from the Chabutari of the informant. Various articles seized by the police were sealed and sent for chemical examination to Forensic Science Laboratory, Jaipur. After completing the investigation, the police filed a challan in the court of Judicial Magistrate First Class No. 2, Kota, who committed the case for trial to the Court of session. The Sessions Judge transferred the case for trial to the court of Additional Sessions Judge No. 2, Kota.

(3.) The prosecution in support of its case examined 10 witnesses. The accused in his statement recorded under Sec. 313 Cr. PC totally denied the incident. The accused in defence examined Dr. S.P. Elhance as DW 1.