KHIYALI Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By this appeal, under Sec. 374(2) Cr.P.C., the accused -appellant has challenged the judgment dated 19.04.1985 passed by learned ADJ, Gangapur City, in Sessions Case No. 32/84, wherein the appellant has been convicted for the offence under Sec. 376/511 I.P.C. and sentenced to five years' R.I. and a fine of Rs. 500/ -, in default of which to further undergo three months' R.I. This criminal case was initiated on 13.11.1983, when a report was submitted by Smt. Gaindi to Shri Shyam Sunder, A.S.I., Gangapur City while he was patrolling. The said report was submitted by the informant/mother in respect of her daughter Chhoti, alleging that the accused -appellant had committed offence against her, as aforesaid. It was stated in the report that when the daughter of the informant had gone for call of nature, in the early hours of the morning, the accused -appellant had come and threw the prosecutrix on the ground by catching hold of her neck. It was also stated in the report that cloth was put in the mouth of the prosecutrix and the accused misbehaved with her. It is stated that when Chhoti, while lying down on the ground, raised hue and cry then one Sediya and Hazari came to the place of occurrence and both these persons took away the accused.

(2.) As the said report was submitted to Shyam Sunder A.S.I. when he was patrolling, he immediately went to the place of occurrence and on his return, he sent the report to the police station with the endorsement, on the reverse side, for registration of the case. Thereafter, an F.I.R. came to be registered (395/83) at about 6.00 p.m. for the offence under 376/511 I.P.C. On the conclusion of the investigation, the police submitted challan in the Court of ACJM, Gangapur City. Thereafter, the learned Magistrate committed the case to the Sessions Court at Sawai Madhopur. The case then transferred to the learned ADJ, Gangapur City and the same was received by it on 15.05.84.

(3.) The learned trial court after hearing the parties, framed charges against the accused, vide its judgment dated 28.04.84, for the offence under Sec. 376/511 I.P.C. The accused denied the charges and claimed for trial. The prosecution had produced 8 witnesses and 9 document, which were duly exhibited before the trial court, in support of its case. Subsequently, the statement of the accused under Sec. 313 Cr.P.C. were recorded, wherein he stated that the prosecution story is totally false. Accused had specifically stated that prosecutrix Chhoti and he were working together as labour in the railway. The prosecutrix had borrowed some amount from the accused and it was on account of repayment of the same that a dispute arose between the parties. According to the accused, it was for the said reason that instant case had been falsely registered against him. In the last, the accused had stated that the parties have entered into a compromise and the same has been placed on record. The accused had produced Ratan Lal (DW -1) as defendant witness, who was the person who had got the compromise executed between the parties.