STATE OF RAJASTHAN Vs. MODAN SINGH AND ORS.

JUDGEMENT

(1.) -This appeal by leave has been preferred by the State against the judgment and order dated 22.5.1980 passed by the Sessions Judge, Sriganganagar thereby acquitting the accused-respondents of offences punishable under sections 376, 458 & 366 Penal Code in Sessions Case No. 33/79.

(2.) The brief facts, giving rise to the prosecution case, are that PW 1 Smt. Shyamo wife of PW 3 Makhan Singh was sleeping in her house on 15.2.1979 at about 11 p.m. PW 2 Smt. Kishan Kaur, who is mother of Makhan Singh was also present in the same house along with her husband. At about 11 p.m., all the four accused-persons trespassed into the house of Makhan Singh. Sulakhan and Modan Singh both entered the room in which Makhan Singh and Smt. Shyamo were sleeping while Inder Singh and Ratan stood outside keeping surveillance. Sulakhan placed a dagger on the chest of Makhan Singh while Modan Singh tied mouth of Smt. Shyamo and threatened her that in case she cried, she would be killed to death. They caught hold of Smt. Shyamo and she was brought outside the house. Smt. Kishan Kaur made hue and cry on which Inder Singh inflicted lathi on her. Ratan accused lifted Smt. Shyamo and placed her on the cycle of Modan Singh. They took Smt. Shyamo on the bicycle to the nearby field of 'Sarso' and there all the accused-persons except Inder Singh, who is father of the accused-persons, committed rape on Smt. Shyamo. PW 3 Makhan Singh lodged Ex. P/1 report at the Police Station, Sri Karanpur whereat a case was registered and investigatiqn was started. On the next day, Modan Singh was arrested from Sri Karanpur and Smt. Shyamo was recovered from his house at about 11.30 a.m. vide Ex. P/4 recovery memo. Smt. Shyamo as well as the accused-persons were medically examined.

(3.) After completion of investigation, the accused-persons were challaned under sections 376, 458 & 366, Penal Code in the Court of Munsif & Judicial Magistrate, Sri Karanpur, who, in turn, committed all these accused-persons to the Court of learned Sessions Judge, Sri Ganganagar. The learned Sessions Judge charged the accused-persons with the com-mission of the aforesaid offences to which all of them pleaded not guilty and claimed to be tried and hence the trial was completed.