DHARARN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of the learned Additional Sessions Judge, Sikar dated 20-12-1976, whereby the accused-appellant has been convicted under Sec. 376, Penal Code and sentenced to two years rigorous imprisonment.

(2.) The facts of the case, in brief, are that the prosecutrix Smt. Shanli, aged 12 years had gone with the cattle-heads for grazing them. Accused-appellant Dharma, who is 16 years of age, caught hold of Smt. Slianti in his arms and took her to a nearby place and forcibly committed rape on her. As a result of the rape blood ozed out from her private parts, and her clothes were smeared with blood. The Medical Officer, Dr. J.S. Dhaka, 1, has opened that the hymen was ruptured and that rape was committed over this girl. On medical examination the presence of spermatozoa was also found in the vagina.

(3.) The learned counsel for the accused-appellant has only restricted his submission on the quantum of sentence. He has strenuously argued that the boy is only 16 years of age and that no useful purpose would be served by turning him into a hardened criminal. It was also contended that it was an immature act by a young boy, who did not very much realise the consequences of his deed. It was also contended that being of an immature mind the boy was moved by physical and biological urge. It was also contended that the girl is 51/2' 11/2 in hight, though her breasts were not developed and public and auxiliary heir were absent. It was also contended that the boy and the girl are neighbours and that they had their fields close-by. Under these circumstances, the learned counsel for the accused-appellant has strenuously argued that a lenient view may be taken and looking to the latest trend in the penology this boy may not be turned into a hardened criminal. It was also contended that the Child Act does not apply to the District of Sikar, as it applies to other districts of Rajasthan. If this Act had applied the appellant would have been entitled to the benefits of the reformatory provisions contained in the Children's Act. The learned counsel for the accused-appellant has relied on Kakoo Vs. State of H. P., AIR 1976 SC 1991 In this case a boy of 13 years committed rape over a girl of two years. The lower Court sentenced him to four years rigorous imprisonment. The Supreme Court reduced the sentence to one year's rigorous imprisonment with a fine of Rs. 2000.00. It was further directed that if the tine is realised it shall be paid as compensation to the mother of the girl.