KAILASH Vs. STATE

JUDGEMENT

(1.) This appeal has been preferred by accused appellant Kailash Chand against the judgment passed by learned Addl. Sessions Judge (Fast Track) No. 1, Jaipur, Distt. Jaipur dated 18.03.2006 whereby he was convicted under Sec. 376 IPC and sentenced to 7 years' rigorous imprisonment and fine of Rs. 500/- in default of payment of fine to further undergo one month's simple imprisonment.

(2.) The prosecution story in brief is that on 19.08.2005 prosecutrix Mamta lodged a written report at RS. Phagi at 7.00 p.m. wherein she reported that on the said day in the morning, she had gone to field for collecting fodder. When she was cutting fodder, accused appellant Kailash came to the field and caught hold of her hand and dragged her in Jawar crop and committed rape. She tried to raise hue and cry but the accused appellant put her 'loogdi' in her mouth so that she could not make hue & cry. After rape was committed her husband Ramji Lal who was grazing sheep nearby the place of incident, came on the spot. On seeing him, the accused appellant ran away from the spot leaving behind his cycle. On this report, case under Sec. 376 IPC was registered, site inspection was prepared and prosecutrix was put to medical examination for the offence of rape. The broken glass bangles of the prosecutrix were collected from the place of occurrence. Photographs of the crop were also taken. Lahanga (long skirt) of the prosecutrix was recovered. The accused appellant was arrested. The accused appellant was put to potency test, his under-wear was recovered and was sent to FSL for chemical examination. On examination by the FSL, the lahanga of prosecutrix and under-wear of accused appellant were found stained with human semen. The accused appellant was charge-sheeted for the offence under Sec. 376 IPC. He denied the charge and he was put to trial. The prosecution in support of its case examined as many as 10 witnesses. The statement of accused appellant was recorded under Sec. 313 Cr.P.C. In the written statement, accused explained that he did not commit any offence of rape. In fact, at that time, he was ploughing the land of Kajod on sharing basis as the land was mortgaged with him and on the date of incident, prosecutrix was cutting fodder in the said field. She was asked not to do so by his wife & Hazari but she continued to collect fodder. Due to this, an altercation took place and then husband of prosecutrix came on the spot. Some more persons i.e. Dhapu Mali, Nangi Mali, Sayal, Bajrang, Rampal Mali etc. also came on the spot so as to settle the dispute. Then Mamta, prosecutrix lodged a false report against him for rape.

(3.) In defence, as many as six witnesses have been examined. DW-5 Kajod has been examined on the point that he had mortgaged the land through Ex.D-5 with the father of the accused. DW-6 Seduram, father of accused has been produced so as to prove that the land was mortgaged with him through Ex.D.5 and the crop was being sown on sharing basis. He also deposed that he had dispute regarding residential premises for last 20 years with father-in-law of the prosecutrix. Smt. Santi DW-3 wife of the appellant, has been examined on the point that she was present at the time of incident and she also asked Mamta-prosecutrix not to cut fodder. DW-1 Nangi and DW-2 Ramkaran have also been examined on the point that beating between two parties took place at the time of incident and that the field was mortgaged with the accused.