STATE OF RAJASTHAN Vs. BHURA RAM

JUDGEMENT

(1.) This appeal has been preferred by the State under Sub-Section (1) read with Sub-Section (3) of Section 378, Cr. P.C. against the judgment and order of acquittal dated 6-12-77 passed by the learned Addl. Sessions Judge, Churu in Sessions Case No. 7/77 thereby acquitting the accused-respondent of the offence punishable under Section 376/511, I.P.C.

(2.) Briefly stated, the prosecution story is that P.W. 11 Ram Kumar, resident of village Dudal Lekhu, gave Ex. P. 8 statement to P.W. 15 Saddique Mohd., A.S.I. of P. S. Rajgarh, who happened to pass through the village on 10-2-76 at about 3.30 P.M. Ram Kumar stated that at about 2 P.M. while he was filling bags of sulphate (fertilizer) along with his brother P.W. 10 Girdhari, they heard cries of P.W. 2 Kum. Shanti, who is daughter of P.W. 4 Smt. Bobadi and P.W. 5 Mohar Singh, from the side of 'dudh' (thatched room meant for shelter of cattle) situated in the nearby enclosure of the accused Bhuru Ram. They immediately rushed towards the same and, on reaching there, they found the doors of the 'dudh' closed. They pushed and opened the same and found that the accused-respondent was lying over Kum. Shanti aged about 15 years. She was forcibly made to lie naked. They caught hold of the accused-respondent and he was removed from there. Kum. Shanti told them that she was sent to fetch a wooden staircase from the house of the accused who told her that the same was lying in the 'dudh' inside his enclosure. She entered the 'dudh' to take the staircase but the accused surreptitiously came from behind and caught hold of her. She was forcibly undressed and thereafter she was felled on the ground and the accused also fell over her and attempted to commit rape on her. However, as is the prosecution case, the accused could not succeed in accomplishing the act of commission of rape since Ram Kumar as well as Girdhari arrived on the scene. Accused fled away from there. In the meantime, his brother Amar Singh came on the spot and he picked up a quarrel with Ram Kumar and Girdhari. Kum. Shanti was sent to her house whereat she narrated this incident to her mother Smt. Bobadi. Her father Mohar Singh was out of village at that time.

(3.) After recording Ex. P. 8 statement of Ram Kumar, Saddique Mohd. forwarded the same statement with the Constable to the Police Station, Rajgarh whereat P.W. 14 Bhanwar Singh registered Ex. P. 9 F.I.R. on the basis of Ex. P. 8. Saddique Mohd. started investigation at the site. He inspected the place of occurrence and prepared the site memo. Besides, he also took 'Salvar' allegedly worn by Kum. Shanti at the time of the occurrence which was found to be torn, resulting from the act of the accused while attempting to untie string of the same. Kum. Shanti was also subjected to medical examination by P.W.1 Dr. S. N. Vyas who, M.L.R. found external injuries on her person.