GOVINDA & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these three appeals one filed by Govinda and Ramesh being S.B. Criminal Appeal No. 516 of 1972, the other filed by Murari being S.B. Criminal Appeal No. 569 of 1972 and the third filed by Ramcharan being S. B. Criminal Appeal No. 570 of 1972 arise out of a common judgment passed by the learned Sessions Judge, Bharatpur dated Aug. 2, 1972 and, therefore, they are beingdisposed of by a common judgment.

(2.) Accused Girraj, Ram Charan, Murari, Govinda, Ramesh and Mahesh were tried by the learned Sessions Judge, Bharatpur. Accused Girraj was charged under Sections 366, 368 and 376 I. P. C. for abducting and committing rape upon PW 1 Mst. Jwala and the rest of the accused namely, Ramcharan, Murari, Govinda and Ramesh were charged under Sec. 376 I. P. C. for committing rape upon Mst. Jwala and accused Mahesh was charged under Sec. 366/109 I. P. C. The prosecution examined 9 witnesses in support of their case, out of whom PW 1 Mst. Jwala is the prosecutrix. PW 7 Dr. Anant Narain is the person who clinically examined Mst. Jwala on Dec. 5, 1971. The injury report is Ex. P/9. First information report is Ex. P/1. PW 9 Balwant Singh is the Investigating Officer in this case. The rest of the witnesses were examined to prove the adbuction of Mst. Jwala by Girraj.

(3.) The learned Sessions Jugde acquitted Girraj and Mahesh of all charges framed against them and the State has not come up in appeal against their acquittal. As such I am not concerned with their case. Rest of the four accused have been convicted by the trial court under Sec. 376 I. P. C. and each one of them has been sentenced to five years rigorous imprisonment.