RAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was convicted of the offence u/s 376 I. P. C. and was sentenced to four years rigorous imprisonment and to a fine of Rs. 1,000/. In default of payment of fine to further undergo two months rigorous imprisonment.

(2.) THE accused and the victims were working as labour's in the construction of the house of Bhoorsingh at village Molasar. It is alleged that on 27. 6. 85 when the victim Mst. Patasi went for attending the nature's call, the accused caught hold of her forcibly and took her to the nearby bada and committed rape on her. Her cries were heard by Bhaguram and Jagdish and they caught hold of the accused and thereafter Bhaguram reported the matter to the mother of the victim. She visited the place of occurrence where the victim narrated the occurrence to her mother. THEreafter she went to the police outpost where there was S. H. O. She lodged the report to the S. H. O. on which case u/s 376 I. P. C. was registered. He started investigation at the village Molasar. He visited the spot and conducted the spot investigation and recorded the statements of the witnesses. THE prosecutrix and the accused both were medically examined. After-completion of investigation, charge sheet was presented against the accused and the accused was tried by the learned Additional Sessions Judge. THE accused pleaded not guilty to the charge. At the trial the prosecution examined P. W. 1 Mst. Patasi, P. W. 2 her mother Mst. Gheesi, P. W. 3 Mangilal, P. W. 4 Dr. Robert, PW 5 Bhaguram. P. W. 6 Dr. Hansaram, P. W. 7 Jeevanram, S. H. O. , P. W. 8 Ranjeet Singh. Constable, and PW 9 Harbans Singh, Constable. THE statement of the accused was recorded in which he stated that Bhaguram is inimical to him. THE accused examined two witnesses in defence. After hearing the arguments the learned Additional Sessions Judge found the offence proved against the accused. Hence this appeal.

(3.) IN the result this appeal has no force and it is hereby dismissed. .