SOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- This is an appeal against conviction of accused appellant for offence under S. 376, I.P.C. and punishment of three years rigorous imprisonment and a fine of Rs. 1,000/- and in default rigorous imprisonment for six months passed by learned Sessions Judge, Bikaner on 14-4-1981.

(2.) The case of the posecution is that Mst. Kamrunisha and her sister Najmunisha belong to Tata Jamshedpur. They were working with Gopal Thekedar. In front of their working place, one Toti Gujrati was running a tea stall. It was Gopal Thekedar who told both the sisters that the work of theka had finished and that theka work is to be done at Purlia and that both the sisters would be taken there. Kamrunisha and her sister went to Jamshedpur in the morning some time two years before 22-1-1980. Gopal, Pushpa and Toti brought them to a railway station from where Pushpa went back. The Kamrunisha, prosecutrix, was brought to Jalandhar in Punjab by Gopal and Toti. They sold the prosecutrix for Rs. 2,000/- and then Gopal went back. Thereafter Toti sold Kamrunisha to Pal Singh for Rs. 1500/-. Pal Singh brought Kamrunisha and handed over to his brother-in-law, present accused-appellant, who belonged to Mohindipur. It is alleged that this accused-appellant committed rape with Kamrunisha. Thereafter Iqbal Singh, Surendra Pal Singh and the appellant brought Kamrunisha to village Diyatara where agricultural land of the appellant was situated. At Diyatara Kamrunisha was kept by accused appellant for a long time where he was committing rape with her. The prosecutrix ultimately ran away from the place of Sohan Singh and was brought to police station Kolayat by the villagers. She was produced before P.W. 6 Harishankar, Dy. S.P., who had gone from Bikaner to Kolayat on Government duty. He recorded statement of prosecutrix which is Ex. P/1 and then a case was registered vide FIR Ex. P/1 for offences u/Ss. 373, 366, 368 and 376, I.P.C. Usual investigation was done and then accused-appellant was arrested. His tractor and trolly along with a canopy were also seized. Clothes of the prosecutrix were also seized and the accused-appellant along with others was charge-sheeted before the Magistrate having jurisdiction on 4-9-1978. Learned Magistrate then committed the case to the learned Sessions Judge. It is on record that one Baksis Singh, against whom challan was also submitted, absconded and it were Iqbal Singh, Surendra Pal Singh and Sadhu Singh who were discharged by the learned Sessions Judge but he framed charge against accused-appellant u/Ss. 368 and 376, I.P.C. and against Pal Singh u/Ss. 373 and 366, I.P.C. The prosecution examined as many as 11 witnesses. Thereafter statements of accused-appellant and co-accused Pal Singh were recorded under S. 313, Cr. P.C. They did not produce any witness in defence, learned Sessions Judge after hearing both the parties acquitted Pal Singh but convicted accused-appellant as stated above.

(3.) I have heard the learned counsel for the accused-appellant as well as learned Public Prosecutor.