BHAGU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.2.2005 passed by the learned Additional Sessions Judge (Fast Track), Parbatsar in Sessions Case No. 18/2004(13/2004), whereby, he convicted accused appellant Bhagu Ram for offence under Sec. 376 I.P.C. and sentenced him to undergo seven years' rigorous imprisonment and to pay a fine of Rs. 1000.00 in default of payment of fine to further undergo one month's simple imprisonment.

(2.) The charge against the accused appellant was that on 6.3.2004, at about 4 p.m., he committed rape with Mst. Madhu Kanwar in the field of Bihari Singh, situated in the boundary of village Rasal, District Nagaur. According to the F.I.R., lodged by the father of the prosecutrix at Police Station Kuchaman on 6.3.2004 at 4 p.m., when Mst. Madhu Kanwar was going for latrine in the field of Bihari Singh, accused appellant Bhagu Ram came and committed rape with her. She came weeping to the house and told the story to her mother. When in the evening, her father Raghunath Singh came to the house, his wife narrated the story to him, upon which, he along with Mst. Madhu Kanwar and his wife went to the Police Station on the next day and lodged the F.I.R. Ex.P-4.

(3.) Upon this report, police registered a case for offence under Sec. 376 I.P.C. The prosecutrix was medically examined and after sending the clothes for chemical examination, recovered from her body, accused appellant Bhagu Ram was challaned for offence under Sec. 376 I.P.C. After committal, the learned trial Judge framed the charge under Sec. 376 I.P.C., to which he pleaded not guilty. Prosecution examined 13 witnesses. The statement of accused under Sec. 313 Crimial P.C. was recorded. He produced one Goma Ram DW-1 in his defence.