ANWAR HUSSAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Anwar Hussain has filed this appeal against the judgment dated July 28, 1978 of the learned Sessions Judge, Marta, whereby he convicted the accused-appellant under section 376, I.P.C. and sentenced him to three years rigorous imprisonment and a fine of Rs. 2000/-, and in default of payment of fine to further undergo rigorous imprisonment of three months.

(2.) On September 3, 1976, Jeevan, son of Ruga, by caste Mali, resident of Alniyavas, lodged a report before the Police Station, Chanwala mentioning that his wife was grazing cattle on September 2, 1976 in the day-time at 10 A.M. At that time, Anwar Hussain came there and forcibly took her and committed rape on her. After usual investigation, challan was filed and on conclusion of the trial, the accused has been convicted as mentioned above.

(3.) Learned counsel for the accused has argued that the conviction of the accused cannot be sustained because of the various infirmities. It was pointed out that firstly there were no marks of injuries on buttock and back-side of the prosecutrix, which were natural in this case, as the sexual intercourse was committed forcibly it was also pointed out that there were no marks of struggle on the spot where the rape is alleged to have been committed. It was also pleaded that the theory of using the knife prima facie, appears to be absurd and is not corroborated by any evidence whatever. The delay in lodging the F.I.R. was also emphasized. It was also argued that the present was a case of sexual intercourse by consent. In this connection it was pointed out that one of the prosecution witnesses has deposed that the prosecutrix went out on that very day otherwise she remains in home and further the prosecutrix and the accused were known to each other so much so that the prosecutrix observes Parda with others, but she was never observing Parda with this particular accused.