MADANLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dt. March 15, 1978 whereby the learned lower court has convicted accused-appellant Madanlal of the offence under S.376/511, I.P.C. and has sentenced him to undergo two years rigorous imprisonment.

(2.) The facts of this case briefly stated are that P.W. 1 Jagdish and P.W. 8 Mohanlal produced P.W. 5 Mst. Shanti and accused Madanlal before the In-charge, Police Station (Kotwali) Sri Ganganagar on Jan. 15, 1977 at about 8 P.M. and lodged an oral report to the effect that P.W. 2 Rameshwarlal came and told that somebody was committing rape with a girl in Patel Garden, whereupon, he accompanied him along with P.W. 6 Ramjilal and there, they found that accused Madanlal was sleeping on Mst. Shanti. He made her naked and was himself lying naked on her. He has closed the mouth of Mst. Shanti by his hands so that she may not raise any hue and cry. She was weeping at that time and the accused was fully drunk. They then brought both of them to the Police Station. This report lodged at Police Station Kotwali has been marked Ex. P. 1. The site-inspection memo has been marked Ex. P. 2-A and the site plan has been marked Ex. P. 2. The girl was examined on the request of the Police and her examination report has been marked Ex. P: 4 whereas the medical examination report of the accused has been marked Ex. P. 5. The Khes (Chadder) on which they were sleeping has also been seized vide memo Ex. P. 6. The accused was arrested vide arrest memo Ex. P. 7.

(3.) After usual investigation, the case against the accused was challaned in the court of learned Chief Judicial Magistrate, Sriganganagar from where this being a sessions triable offence, the case was committed for trial to the court of learned Sessions Judge, Sri Ganganagar, who in his turn transferred the case for trial to the court of learned Addl. Sessions Judge, Sri Ganganagar. The accused was charged with the offence under S.376/511 IPC. The accused did not plead guilty to the charge and claimed trial whereupon, the prosecution examined in all 8 witnesses in the case. The statement of the accused was recorded under S.313, Cr.P.C. The accused examined D.W. 1 Ramachander in his defence. The accused took the plea that this girl was actually habituated to steal the vegetables and fruits from the fruit market. On that day, she tried to steal some oranges from his Redi (business place). He, therefore, gave beating to the girl whereupon the driver with whom, he quarrelled on that very day, along with his companions brought him to the Kotwali. After hearing the parties, the learned lower court decided the case as aforesaid.