SUKHRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment dated March 27. 1978 passed by the learned Additional Sessions Judge, Sri Ganga-nagar in Sessions Case No. 41 of 1977 whereby the learned lower court held the accused Sukhram guilty of the offence under sections 451 and 376 Indian Penal Code and accused Chunnilal guilty of he offence under section 451 Indian Penal Code. It has however, sentenced accused Sukhram and Chunnilal for the offence under section 451 J.R. Chopra, J. - These two appeals arise out of the judgment dated March 27. 1978 passed by the learned Additional Sessions Judge, Sri Ganga-nagar in Sessions Case No. 41 of 1977 whereby the learned lower court held the accused Sukhram guilty of the offence under sections 451 and 376 Indian Penal Code and accused Chunnilal guilty of he offence under section 451 Indian Penal Code. It has however, sentenced accused Sukhram and Chunnilal for the offence under section 451 Indian Penal Code to one year's rigorous imprisonment together with a fine of Rs. 250/- each, and in default, to undergo two months rigorous imprisonment. For the offence under section 376 Indian Penal Code accused Sukhram was sentenced to three years rigorous imprisonment together with a fine of Rs. 300/- and in default, to undergo three months rigorous imprisonment.

(2.) The facts of this case briefly stated ate that Mst. Shanti was earlier married to one Ramkaran before about 15-16 years. Out of this wed-lock she gave birth to three children before about one and quarter years, Ramkaran turned her out of his house. Her father also did not allow her to reside with him. Before about one and half months from the date of this occurrence, one Pokarram took her as his mistress but he too gave beating to her and turned her out of his house. Thereafter, she was allowed to live in one Kotha belonging to Dudaram situated in village Orki. It is alleged that on the night intervening between 3rd and 4th April, 1977 at about 12.30 a.m., when Mst. Shanti was sleeping with her children in her Kotha, accused Chunnilal opened the doors of her Kotha and entered therein. He told her that he will do co-habitation with her. She, however, persuaded him not to do so and thereafter, he went away. It is alleged that thereafter, accused Sukhram entered into her Kotha and he forcibly committed rape with her and later, accused Chunnilal again entered into her Kotha and he too committed forcible rape with her. She then raised loud cries, on which, her neighbour Sheoram Nai and his wife also started crying. On hearing their cries, accused Chunnilal and Sukhram both ran away from her Kotha. On the next day at noon she related this incident to one Mohanlal and P.W. 3 Jagatram Sarpanch. They advised her to report the matter to the Police and, therefore, she took her god-brother Surajram with her to the Police Station, Hindumalkot and made an oral report of the matter. Her oral report has been marked Ex. P.1. The Police inspected the site and prepared the site plan Ex. P. 2 and the site inspection memo Ex. P.2A. The blood stained Ghaghra (Ex. 2) and vaginal swab were taken into possession. They were sent for chemical and serological examination vide memo Ex. P. 10. The chemical and serological examinations reports have been marked Ex. Ps. 13 and 14 respectively. The accused Sukhram and Chunnilal were arrested vide memos Ex. PA and 5 respectively. The Chadar (Art. 1), accused Sukhram was wearing at the time of his arrest, was also taken into possession vide seizure memo Ex. P. 3. The medical examination of Mst. Shanti, accused Sukhram and Chunnilal was got conducted and their medical reports have been marked Ex. Ps. 7 to 9 respectively. After usual investigation, the case against the accused-persons was challenged in the court of learned Additional Munsif and Judicial Magistrate, Sri Ganganagar, from where, they were committed for trial to the Court of Sessions Judge, Sri Ganganagar who transferred this case for trial to the court of learned Additional Sessions Judge, Sri Ganganagar.

(3.) Both the accused persons were charged with the offence under sections 451 and 376 Indian Penal Code. They did not plead guilty to the charges and claimed trial, whereupon, the prosecution examined in all 8 witnesses in support of its case. The statements of the accused-persons were recorded under section 313 Criminal Procedure Code. They led no defence and hence, after hearing the parties, the learned lower court decided the case as aforesaid.