SHAMSHAR KHAN Vs. STATE

JUDGEMENT

(1.) Charge against the appellant was of having raped the prosecutrix in the intervening night of 11-12/03/1991.

(2.) Vide impugned decision dated 04/05/1992 the appellant has been convicted and sentenced to undergo rigorous imprisonment for a period of seven years and pay fine in sum of Rs.100/-. In default, to undergo simple imprisonment for a period of one month.

(3.) Criminal law was set into motion when the prosecutrix came to Police Station Shastri Nagar, Jaipur on 14/03/1991 at 10.00 a.m. resulting in FIR (Ex.D.5) being registered on her statement in which she informed that her husband was a driver and three days earlier had gone to Ahmedabad. Three days back, when after washing utensils she was about to enter her room in kachchi basti which was her matrimonial house and was owned by Babu Khan, the appellant, brother of Babu Khan who was residing there; caught her and raped her. She yelled but nobody rescued her. She was scared in the night and kept quite. In the morning she informed a 'jatni' who was living nearby. She told her to wait for her husband to return. In the statement she said that the police party had brought her at the police station and she had narrated the whole incident to the police party.