BABU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) -Briefly stated the prosecution case as disclosed by the F.I.R., is to be effect that on 19.9.82 at about 3 PM. when PW.4 Smt. Mohan Bai was cutting grass in her field situate at village Ratiapura, the appellant reached there, caught hold of Smt. Mohan Bai, assaulted her and outraged her modesty. The report of the incident was lodged by Smt. Mohan Bai's husband's elder brother Ram Prasad, PW.6, on 20.9.82 at 4.30 PM. at Police Station Masalpura whereupon Crime No. 77/1982 Under section 341, 323, 354 Penal Code was registered. PW. 10, Ram Sahay, S.H.O., commenced the investigation and examined the prosecution witnesses Under section 161 Cr.PC. Smt. Mohan Bai was, however, examined on 21.9.82 Under section 164 Cr.PC. and therein she deposed that she had been raped by the appellant Babu Lal. The charge was accordingly amended and on 23.9.82 at 1.00 P.M. Smt. Mohan Bai was produced before PW.1 Dr. Nand Lal Sharma, for being examined about the evidence of rape, having been committed on her as also regarding her age. RW.1 Dr. Nand Lal Sharma, found several injuries on the person of Smt. Mohan Bai, which, in the opinion of Dr. Nand Lal Sharma, were three to five days old. Certain garments particularly the 'petticoat' of Smt. Mohan Bai was also seized from her person and was sent for chemical examination but the report of the Chemical Examiner was not brought on record. The appellant was arrested on 13.10.82 and his under-wear was also seized and sent to the Chemical Examiner tor examination, but no report of the Chemical Examiner was brought on record. After having completed the investigation, the appellant was charge sheeted for having committed the offence Under section 376 Penal Code against Smt. Mohan Bai. The learned trial Magistrate committed the case to the court of Sessions, who, after trial of the appellant, found him guilty of the offence Under section 376 IPC, convicted him as such and sentenced him to 10 years R.l. with a fine of Rs. 500.00 vide his judgment and order dated 1.12.83. By the present appeal, Babu Lal, accused-appellant, has challenged his conviction and sentence as made and passed by the learned Addl. Sessions Judge, Gangapur City, in the present case.

(2.) I heard the learned counsel for the parties at sufficient length and examined the record of the lower court.

(3.) The learned counsel for the appellant vehemently urged that not only the prosecution had put up a totally concocted and false case against the appellant but also that the prosecution witnesses fail to support such a case at the trial. The learned counsel further submitted that the learned trial Judge has based his conclusions regarding the guilt of the accused on mis-appreciation of the evidence and the natural circumstances attending on the commission of the alleged offence, have been totally ignored. It was pointed out that not only the prosecution theory suffer from abnormalities but also the conduct of the prosecution witnesses was quite abnormal and unnatural and such conduct and behaviour of the prosecution witnesses did not inspire any confidence in the court. It was thus submitted that the conviction and sentence, made in the present case, should not be sustained.