STATE OF RAJASTHAN Vs. PHOOL CHAND

JUDGEMENT

(1.) HON'ble BHAGWATI, J.- This criminal appeal is directed against the judgment dated 31st of October, 1995 rendered by the Additional Sessions Judge No. 2, Alwar, whereby the accused-respondents namely; Phool Chand and Chhote Lal @ Ram Singh have been acquitted in the offences under Sections 365, 366, 367 and 323 of IPC and the accused-respondents namely; Badri, Ramesh, Jagdish and Lahri have been acquitted in the offences under Sections 365, 366, 376, 368 and 323 of the Indian INDIAN PENAL CODE, 1860.

(2.) THE nub of the prosecution story as unfolded by PW. 3 Ramhet is, as under:- That on 24th August, 1994 at about 7-8 AM, the complainant's uncle Rewad Ram (PW. 1) and aunt Smt. Mangi Devi (PW. 2) went to Alwar for the treatment of his aunt. No sooner did they reach near the Railway crossing at Malakhera, Jagdish, Chhote Lal and Phool Chand residents of Bandikui (Dausa) came there along with 4-5 other persons. THEy all restrained them from going. THEy made his uncle Rewad Ram and aunt Smt. Mangi Devi to sit in a Jeep and took towards Bandikui. While going they had alarmed the complainant that they will set Rewad Ram and Smt. Mangi Bai free only when their man is given back to them. THE complainant apprised with this incident his father. THEreafter he along with his father went to the Police Station Malakheda and submitted a written-report Ex. P. /1 whereupon the Police lodged F. I. R. Ex. P/12 and commenced investigation.

(3.) PW. 15 Dr. Mahendra Kumar Gupta while examining the prosecutrix Smt. Mangi Devi recorded the history as per her narration. He has stated on oath before the Court that as per prosecutrix, Smt. Mangi Devi and her husband were abducted on 24th of August, 1994 at about 8. 00 AM by 5-7 persons and taken forcibly in a Jeep to Bandikui. In the night of 24th of August, 1994, Lahri, Jagdish and Ramesh ravished her one after another in succession forcibly against her will. On 25th of August, 1994 the Police recovered them. Since then, she has not taken any bath. She has two daughters and one son and lives with her husband. Dr. Gupta, further stated that he did not find any sign of rape having committed on her body.