STATE OF RAJASTHAN Vs. KISMAT SINGH ALIAS PAPPU

JUDGEMENT

(1.) HON'ble BHAGWATI, J. The challenge in this appeal is to the judgment dated 16th November, 1995 of Special Judge (Satiniwaran) and Additional Sessions Judge, Jaipur City, Jaipur whereby the accused-respondent Kismat Singh @ Pappu @ Manmohan Singh has been acquitted in the offences under Sections 366 and 376 of the Indian Penal Code.

(2.) THE nub of the prosecution story as unfolded by PW. 3 Badri Sen is as under:- That on 19th March, 1995 at about 7 AM Miss. Raju a minor daughter of the complainant PW. 3 Badri Sen, went to the farm house of Man Singh situated at Queens Road, Jaipur to collect butter milk but thereafter she did not return. THE complainant searched his daughter here and there but of no avail. During the search of her daughter the complainant having cast doubt on one Kismat Singh @ Pappu @ Manmohan Singh submitted a written report Ex. P/6 in the police station Vaishali Nagar, Jaipur stating that Kismat Singh @ Pappu @ Manmohan Singh could have enticed and kidnapped his daughter. THE police registered the case and commenced investigation.

(3.) HAVING considered and ruminated the submissions made at the bar and scanned the impugned judgment and the evidence of prosecution witnesses properly, the statement of PW. 1 Miss. Raju is found to be full of contradictions on material particulars. The statement deposed by Miss. Raju before the trial Court is materially contradictory to the statement Ex. D/4 recorded by the Additional Judicial Magistrate No. 8 Jaipur City under Section 164 of the Cr. P. C. Miss. Raju stated before the Additional Judicial Magistrate No. 8 Jaipur City that on 19th April, 1995 when she went to take butter milk to the house of Man Singh, she saw one Maruti Van standing there. She alleged that Kismat Singh @ Pappu alighted from the Maruti Van and dragged her inside and thereafter gagged her mouth. She efforted to cry but Pappu threatened her to death. He was having a knife with him. She became unconscious and she came in senses at Dudu when the driver of the Van said that they have reached at Dudu. She again started weeping but Pappu did not listen to her. Thereafter, they reached village Aasind where they left the Maruti Van and sent back the driver. There, the accused made her to take cold drink. After taking cold drink she became unconscious. From there, she was taken to a place where one old `saint' lived. There the accused confined her in a room for about 7-8 days. It is alleged that during this period accused ravished her only once by penetrating his penis into her vagina. There she continuously kept on weeping. Ultimately, the accused agreed to take her back. It is stated that when they were coming home, they were caught by police at Bus Stand Bhilwara.