RAMU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS an appeal against the judgment of the learned Session Judge, Sri Ganganagar dated 21 -9 -178 whereby the learned lower court has held the accused -appellant Ramu guilty of the offence under Section 376 IPC and has sentenced him to four years' ligorous imprisonment.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are that prosecutrix Mst. Vidhya is the daughter of PW 5 Jagraj. It is alleged that on 22 -12 -1977, at about 10 or 10:30 a.m. She was going to her field from her Dhani situated in 1 -E Chhoti. Earlier, they were living at village Fusewala but for the past about three years, they have shifted to village 1 -E Chhoti and they were cultivating the field of Gopaldas Vishandass. It is alleged that when she was going from her village to her field, situated near the railway line of Sri Ganaganagar, accused Ramu came there. He lifted her to his field and thers, he fell her down, put off her Salwar and his own underwear and committed rape on her She raised hue and cry, which attraction attention of her mo her PW 4 Nikko who was also going to her field PW 4 Nikko saw the accused committing rape on Mst. Vidhya and therefore, she started abusing accused Ramu. On her abuses, accused Ramu fled away alongwith his underwear. Mst Nikko then brought Mst. Vidhya to her house. She cleansed her body as also her clothes and they waited for the arrival of PW 5 Jagraj who has gone to Raisinghnagar. PW 5 Jagraj arrived at about at about 4 p.m. Nikko and Mst. Vidhya then informed him about this forcible rape with Mst. Vidhya committed by the accused. Jagraj then went to take advice of his field who advised him to lodge a written report of the incident in the Police. On this PW 5 Jagraj accompanied by PW 4 Vidhya went to P.S. Sadar, Sri Ganganagar and there the FIR (Ex. P. 12) was lodged. The Police inspected the site and prepared to site -plan Ex. 13 and the site inspection memo Ex. P 13A. The accused was arrested vide arrest memo Ex. P. 14. The medical examination report of Mst. Vidhya has been marked Ex. P8. The report about the vaginal smear has been marked Ex. P9 and the supplementary report regarding sexual intercourse with Mst. Vidhya has been marked Ex. P.10. The clinical examination report of accused Ramu regarding age and has been marked Ex.P. 11 whereas the radiological examination reports of Mst. Vidha and accused Ramu have been marked E.P1 and Ex.P.2 respectively and the X -ray plates have been marked Ex. P. 3 to Ex. P. 7.

(3.) THE accused did not plead guitly to the charge and claimed trial where upon the prosecution examined in all 6 witnesses in support of its case. The statement of the accused was recorded under Section 313 Cr.PC. He examined two witnesses in his defence. Aftea hearing the parties, the learned lower court decided the case as aforesaid and hence, the accused has come up in appeal.