TARO Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24-11-1995 passed by the learned Special Judge, N.D.P.S. Cases, Sri Ganganagar whereby the accused-appellant Mst. Taro was con­victed of the offence under Section 8 read with Section 18 of the Narcotic Drugs and Psychotropic Substances Act (No. 6 of 1985) and sentenced to 10 years rigorous imprisonment together with a fine of Rs. 1,00,000 and in default of payment of fine, to further, undergo rigorous imprisonment for one year.

(2.) THE brief facts leading to this ap­peal are; that on a secret information re­ceived from a Mukhbir PW-4 Richhpalsingh SHO Police Station, Kotwali, Sri Ganganagar seized contraband opium from one Jasmersingh. That secret infor­mation was recorded in the Rojnamacha Aam at serial number 1443 (Ex. P-7). Jasmersingh was arrested and was interro­gated by the Police. On interrogation, he told the police that he had purchased the above contraband opium from accused-appellant Mst. Taro, who was selling the same openly in Sabji Mandi, Beerbal Chowk, Sri Ganganagar. Thereupon, Richhpalsingh proceeded towards Sabji Mandi alongwith one Lady Constable F.C. Mst. Ramesh Kumar and some oher con­stables at 7.00 p.m. When they reached Sabji Mandi other Jasmersingh pointed at Mst. Taro was sitting with a green bag in her hand. Richhpalsingh went to Mst. Taro alongwith police party and gave no­tice of the fact that he would conduct her search and gave option to her that if she desired, search may be conducted by a Magistrate. However, Mst. Taro desired that searched may be made by PW-4 SHO Richhpalsingh himself. Thereupon, search was made by Lady Constable FC Ramesh Kumari in the presence of Motbirs Mohan-lal and Sohanlal. On search, contraband opium weighing about 10 Kgs. was recov­ered from the possession of the accused-appellant.

(3.) THE learned Special Judge to whom the case was committed for trial framed the charges under Section 29 read with Section 18 and Section 8 read with Section 18 of the N.D.P.S. Act. The plea of the accused-appellant was recorded. She pleaded not guilty to the charges and claimed to be tried. The prosecution exam­ined 8 witnesses in support of its casp. The statement of the accused-appellant was recorded under Section 313, Cr. PC She denied all the allegations and alleged that she has been falsely and maliciously im­plicated in the case. She alleged that oil 29-10-1988 she and her sister Mst. Indo were coming from Sardulshahar to Kheruwala by Bus. In that Bus, Jasveer Kumar Constable was also sitting. When she and her sister Mst. Indo wanted to come down from the Bus at Kheruwala, Jasveer Kumar did not allow her sister to get down, Jasveer Kumar took her sister Mst. Indo with him and committed rape on her. A case under Section 376, IPC was registered against Jasveer Kumar. In that case, she deposed against Jasveer Kumar. She also alleged that Jasveer Kumar is the man of PW-4 Richhpalsingh, pressurised her not to depose against Jasveer Kumar and in case she would depose against him, she would have to face dire consequence. She alleged that since she deposed against Jasveer Kumar against the wishes of PW-4 Richhpalsingh, this false case has been foisted on her. She did not produce any defence.