MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment dated 22nd July, 1986 whereby, the learned Additional Sessions Judge, Gangapur City convicted the accused -Mohar Singh S/o. Shri Moti Mal Meena for the offences under Section 376, 341 and 323 of Indian Penal Code and sentenced as under: Under Section 376 of IPC: Three years rigorous imprisonment and a fine of Rs. 500/ - in default of payment of fine to further suffer four months rigorous imprisonment.Under Section 341 of IPC: One months simple imprisonment and a fine of Rs. 100/ - in default of payment of fine to further suffer simple imprisonment of one week.Under Section 323 of IPC: A fine of Rs. 500 - in default of payment of fine to undergo 15 days simple imprisonment.All these sentences were ordered to run concurrently.

(2.) THE nub of the prosecution story as unfolded by the prosecutrix (name withheld) 'P' is as under: That on 30th June, 1985 at about 5 -6 pm, the prosecutrix was coming back from well to her house. The accused Mohar Singh Meena was coming from the direction of his village Peeloda. On seeing her, the accused sat in the middle of the way to urinate. The prosecutrix shamefully stopped. When the accused stood after passing urine, the prosecutrix proceeded to her village. It is alleged that the accused suddenly came before her and persuaded to go for coitus whereupon the prosecutrix reacted by pointing slipper (chappal) at him but before that, the accused encountered with a stone on her head. It is further alleged that the accused forcibly caught hold of her and chewed her middle finger of left hand. Thereupon, the prosecutrix also bite his hand. The accused squeezed her breasts and dragged her to 'galva' and made her to lie on the ground. She cried but the accused gagged her mouth with her 'lugadi'. It is further alleged that the accused lifted her both the legs and in hurried heat forcibly ravished her. She was floundering but the accused tightly pressed her breasts and bite her cheeks, as a result of which she sustained injuries the accused torn her blouse also, she struggled and endeavored to push him but he left her after fulfilling his erotic sortie only and fled away from there warning her not to disclose this incident to anyone failing which she will be done to death. Her bangles also broke which fell on the ground, On account of injuries and pain she kept on screaming. Meantime, PW -1 Badami, widow of Ramju Jogi of her village, came there and she took her to home. The prosecutrix narrated this incident to her husband who accompanied her to police station Vajirpur, where the prosecutrix lodged FIR Ex. P. 3 and having registered the case the police commenced investigation.

(3.) THE accused was indicted for the charge under Sections 376, 323 and 341 of IPC who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined as many as nine witnesses. In his explanation under Section 313 of Cr.P.C., the accused claimed innocence and pleaded that since the husband of the prosecutrix owed to him some money which he could not repay so he has been falsely implicated in the case. On completion of trial, the accused was convicted and sentenced as indicated hereinabove.