AMAR SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused -appellant has sought to challenge, in this appeal u/s.374 (2) Cr. P.C. the judgment dated 27.06.1985, passed by the learned Sessions Judge, Jhunjhunu, in Sessions Case No. 27/1984, whereby he has been convicted for the offence u/s.376 IPC and awarded sentence of 7 years rigorous imprisonment and a fine of Rs. 100/ -, in default of which to further undergo one month's rigorous imprisonment.

(2.) Brief and relevant facts of the case are that a report came to be lodged (9/84), by Smt. Vimla on 25.02.1984 at Police Station, Buhana. The said report was in respect of an incident, which had taken place on 24.02.1984 at about 2.00 P.M. It was stated in the report (Ex.P5) by the prosecutrix Vimla Devi that her family had sown the agricultural field in partnership with the accused. Further it is stated that, at about 2.00 P.M. on 24.02.1984 along with her two nanads (husband's sisters) Sumer PW6 and Bala PW8, she was uprooting the grass in the filed of one Banwarilal and at that time the accused -appellant came and asked her two nanads to go and work in another field. Thereafter, when her two nanads had gone away, the accused -appellant forcefully took the prosecutrix and committed the offence of rape. It is also stated in the report that at the time when the accused -appellant was committing the offence and a hue and cry was raised, Smt. Nathi W/o. Leelaram Harijan, who was working in the neighboring field, came at the place of occurrence and the accused ran away. It is also stated in the report that Hanuman Singh had also witnessed the occurrence.

(3.) During the course of investigation, the medical examination of the prosecutrix was conducted and her clothes as well as the clothes of the accused were seized by the police. On completion of the investigation, challan was filed against the accused person for the offence of rape. Subsequently, on committal of the case, the learned trial court framed charge against the accused -appellant on 21.11.1984 for the offence under Sec. 376 IPC.