STATE OF RAJASTHAN Vs. BAXA RAM

JUDGEMENT

(1.) This appeal, by leave, has been preferred against the judgment and order of acquittal dated 29-6-1979 passed by the learned Sessions Judge, Merta in Sessions Case No. 57/78 thereby acquitting the accused-respondent of offences punishable under Sections 447 and 376, I.P.C.

(2.) Briefly stated, the prosecution story is that P.W. 8 Gheesa Ram, resident of village Jarao, lodged Ex. P. 6 written report at the Police Station, Padukalan on 21-2-1978 at 7 p.m. and it was alleged therein that P.W. 2 Smt. Gutki w/o Ramdeo, who is his son, went to his field situated in the out-skirts of the village wherein crops of wheat and grams were standing, at about 8 a.m. in the morning, to watch against any damage to the standing crops. When Smt. Gutki reached the 'mat' (border strip), accused-respondent came to her and he forcibly caught hold of her and she was felled to the ground and he committed sexual intercourse with Smt. Gutki against her will and without her consent. Smt. Gutki shouted and cried which attracted P.W. 4 Raju Ram, P.W. 5 Baxa Ram and P.W. 6 Narayan. The accused seeing them coming nearer fled away from there. Smt. Gutki returned to her house and narrated this incident to the inmates of the house.

(3.) P.W. 8 Ummaid Singh, S.H.O., registered Ex. P. 7 F.I.R. under Sections 447 and 376, I.P.C. and entrusted investigation of(Sic)(to) P.W. 9 Ram Gopal. Head Constable, Smt. Gutki was got medically examined by P.W. 1 Dr. Ram Pratap, Medical Officer-in-charge of P.H.C. Riyon Bari and it was found that there was a mark of nail scratch on the cheek of Smt. Gutki. There were also nail scratches on the inner part of the right thigh besides near the vagina of the prosecutrix.