MAHESH CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under section 374(2) Crimial P.C. is directed against the judgment and order dated 15.2.1983 whereby the learned Addl. Sessions Judge No. 6, Jaipur City Jaipur held the appellant guilty of the offence 1.1 /s. 376IPC in Sessions case No. 9 of 1982 State Vs. Mahesh Chand, convicted him as such and sentenced him to R.I. for 5 years and fine of Fs. 300.00 only.

(2.) The Relevant facts are these :

(3.) It is alleged that on 15.10.1981, in the evening, Km. Rekha was playing in the chowk with other children. The children and Rekha went in the gali to purchase "Tofees". While the children and Rekha were purchasing "Toffees" the appellant is alleged to have persuaded Rekha to accompany him and he would give her toffee. The appellant took the child to the roof of his house and there committed rape on her. It is alleged that the appellant had threatened the child to kill if she narrated the incident to any body. Rekha returned to her house and slept. On the following morning Rekha is alleged to have complained to her mother, PW 4 Smt. Kanta, that she was having trouble in urination and passing stool. Smt. Kanta took her to PW 10 Dr. Pramila Ladha, a registered medical practitioner carrying on her profession in the Mohalla. After talking to the child and on examination of her private parts Dr. Ladha told Smt. Kanta that her daughter had been raped. Smt. Kanta returned to her house with the child and on being questioned by her Rekha narrated the story of the rape on her by the appellant during the previous evening or early hours of night of 15.10.1981. Smt. Kanta then went outside to a shop whereas the appellant was sitting. Rekha allegedly pointed out at him as her rapist. Smt. Kanta brought the appellant to her house and questioned him. The appellant denied to have committed rape on Rekha. It was further alleged that Rekha's father, uncle and grant-father reached the house in the evening and on being informed of the incident by Smt. Kanta they went to the house of the appellant. The appellant is alleged to have confessed his guilt. Thereupon PW 1 Kailash reached Police Station, Kotwali Jaipur and presented a written FIR Ex. P/5 at 12.10 A.M. to the Head Moharrir PW 7 Murlidhar PW 15 Mohd. Aquil ASI conducted preliminary investigation and got Rekha examined by PW 13 Dr. (Smt.) Birbala Srivastava at 5.30 PM. on 17.10.1981 who noted the following injuries on her person :