BACHANA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against judgment of the learned Sessions Judge, Jalore dated April 22, 1985 by which appellant Bachna was convicted under Section 376 IPC and sentenced to four years rigorous imprisonment and a fine of Rs. 400/ -, in default of payment of fine to further undergo two months' simple imprisonment.

(2.) BRIEFLY stated, the prosecution case is that the prosecutrix Kumari Suraj, aged about 9/10 years at the relevant time d/o PW 2 Gumansingh Rajput of village Deoki, Tehsil Ahore, District Jalore. On January 31, 1984, she took the cattle for grazing in the field of PW 5 Bhimsingh Rajput, situate in Mauja Deoki. At about 12 hours in the noon when she was grazing the cattle in the field of Bhimsingh. the accused came there and asked her about her brothers and sisters. Thereafter he asked her to go with him in a lonely site. She refused to accompany him. Thereupon the accused forcibly took her in a lonely side. He felled her down, untied her ghaghra, placed it aside and unloosened his dhoti. He then committed rape on her. Kumari Suraj started crying. Hearing her outcries, PW 2, Gumansingh and Bhimsingh, who accidently happened to go there rushed to the spot. Seeing them, the accused left Kumari Suraj and took to heals. Bhimsingh and Gumansingh chased him but the accused managed to escape. They found Kumari Suraj lying in the field with injuries on her body and blood oozing out from her private parts. They also noticed blood on the spot. Gumansingh made the girl to wear the Ghagra and took her to his house. He collected the persons of the locality who advised him to report the matter to the police. As no means of communication were available, nothing could be done on Jan. 31, 1984. On Feb. 1, 1984, Gumansingh took the prosecutrix to the hospital and got her medically examined. He thereafter presented writen report Ex. P 3 before the District Superintendent of police, Jalore, who directed the concerned Station House Officer P.S. Nosra to register the case and make investigation. The case was consequently registered at P.S. Nosra, The medical examination of the prosecutrix was made by the medical jurist Dr. R P. Purohit (PW 7), Govt. Hospital, Jalore. The Doctor noticed the following injuries on the person of the prosecutrix;

(3.) I have heard Mr. D.S. Rathore learned counsel for the appellant and Mr. G.M. Bhandari the learned Public Prosecutor. I have also gone through the case file carefully.