MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE two appeals are directed against the judgment dated 27-4-2002 passed by Additional Sessions Judge, no. 2, Sikar in Sessions Case No. 31/2001 and, therefore, they are being disposed of by this common judgment.

(2.) BRIEFLY stated the facts of the case are that at 4. 30 p. m. on 6-8-2001, the prosecutrix lodged a report at the police station nechhawa, district Sikar stating;therein that at about 2. 30 p. m. on that day, she was grazing cattle in her field Adava. The appellants madan Lal and Kalu Singh came over there and called her in the field of millet (Bajra)and when she did not oblige both the appellants came to her field, lifted her and took her to the field of millet. The appellant Kalu singh threw her on the ground and when she cried he pressed her throat. The appellant madan Lal committed rape on her. She suffered injuries on her neck and hands and she was, also bitten on her thigh. Hearing her cries, one Bhagirath, Mal Saini came there and when he tried to save her the appellants attacked, him with a knife as a result of which he suffered injuries on the back and hands. On the basis of the written report (Ex, P-1) lodged by the prosecutrix, first information report No. 87/2061 (Ex. P-2)was registered at the police station Nechhwa against the appellants Madan Lal and Kalu singh under Sections 323, 342 and 376, I. P. C. The prosecutrix was medically examined. Her injury report is Ex. P. 10 whereas report regarding the rape is Ex. P. 6. Injury report of the witness Bhagirath Mal Saini is ex. P. 11. Site plan is Ex. P. 7 and the photos of the place of occurrence are Ex. P. 3 to ex. P. 5. Broken bangles of the prosecutrix were seized through seizure memo Ex. P. 8. The underwears of the appellants were seized vide seizure memo Ex. P. 17 and Ex. P. 18. Vaginal Swab, Vaginal smear, petticoat, soil, control soil and the underwears of the appellants were sent to the FSL for examination and according to the FSL report ex. P. 12 human semen was detected on the petticoat of the prosecutrix and the underwears of the appellants. Potency reports of the appellants are Exs. P. 13 and P. 14. The appellant Kalu Singh was arrested on 12-8-2001 vide arrest memo Ex. P. 15 and the appellant Madan Lal was arrested on 20-8-2001 vide arrest memo Ex. P. 16. After necessary investigation the police filed a challan against both the appellants in the court of Judicial Magistrate, Laxmangarh, district Sikar under Sections 376, 342, 324 and 323/34, I. P. C. , who committed it to the Court of Sessions Judge, Sikar from where the case was transferred in the Court of Additional District and Sessions Judge no. 2, Sikar.

(3.) ON the basis of the material and evidence collected by the investigating agency charges were framed against the appellant madan Lal under Sections 342, 376 (2)[g], 323 and 324, I. P. C. whereas against the appellant Kalu Singh charges were framed under Sections 342, 376 (2) (g) and 323,i. P. C. Both the appellants denied the charges and claimed to be tried.