STATE OF RAJASTHAN Vs. DHANIA

JUDGEMENT

(1.) The learned Sessions Judge, Merta, by his judgment dt. April 14, 1975 acquitted accused Dhania (aged about 17 years) of the offences punishable under S. 354 and 376 of the Penal Code. The State has come-up in appeal and challenges the acquittal.

(2.) Put briefly, the prosecution case is that in the noon of Feb. 22, 1974, P.W. 4 Mst. Shanti (aged about 12 years) and her brother Omiya (PW 7), aged about 8 years, were grazing their live-stock in the field of one Dayram Meghwal situate nearly three miles from their village Panchari (district Nagaur). The field of the accused is situate nearby. The accused came to Mst. Shanti, caught her hands and pulled her down. He was wearing a Dhoti which he then put off. The girl was wearing an under-wear. The accused forcibly pulled the waist-cord of the underwear. The cord gave way. The accused then stripped the girl and set over her naked thighs. He then forcibly ravished her. The girl tried to resist and the accused gave a fist-blow on her mouth. Omiya (PW 7), who was standing nearby, raised cries. He got frightened and took to heels. A little distance away, PW 1 Ramuram met him. Omiya asked him for help. Ramuram went to the place of incident and separated the accused from the girl. Gangaram (P.W. 9) also happened to pass that way. He and Ramuram helped the girl to wear her underwear. They brought her to her house. Gangaram narrated the incident to the girl's father Jassa Ram (P.W. 8). Jassa Ram went to police station, Panchari and verbally lodged report Ex. P. 10, of the occurrence at about 9.00 p.m. on the same day. The police registered a case and proceeded with investigation. The bloodstained underwear of the girl was seized and sealed. The accused was arrested on Feb. 23, 1974. He was wearing a Dhoti at that time which had stains of blood. His Dhoti was seized and sealed. The accused was medically examined and he was found potent to commit sexual intercourse. The medical examination of the victim Mst. Shanti was conducted on Feb. 23, 1974 by the Medical Jurist Dr. P. R. Joshi (P.W. 2). He found the following injuries : -

(3.) We have heard the learned Public Prosecutor and Mr. P. R. Chaudhary the learned counsel for the accused. We have also gone through the case file carefully.