MOHANLAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This judgment will deal two appeals listed above of the same appellant namely, Mohanlal, from the same judgment of conviction and sentence. It so happened that after appeal No. 55 of 1977 had been filed by the appellant through his counsel, he sent another petition of appeal through the authorities of the jail in which he is undergoing the sentence of imprisonment awarded against him.

(2.) The appellant has been convicted under section 376 I.P.C. and sentenced to rigorous imprisonment for 5 years and a fine of Rs. 2,000.00 or in default further rigorous imprisonment for six months.

(3.) It is alleged that on Feb. 9, 1976, at about 10 or II a. m. in the area of village Chaganpura, P. S. Kekri, the appellant, raped from, a child 7 or 8 years of age, and that, hearing the cries of the child, her elder sister, namely. Dbanno (P. W. 5) went into the pit in which the appellant was having sexual intercourse with her. On seeing Dhanno, the appellant managed to escape. Dhanno saw that Prem was bleeding and her Ghagra had become smeared with blood. She tried to wash the blood on the Ghagra with some water which was available in the puddle in the pit. Both the sisters went home and narrated the incident to their parents. Mangilal (P. W. 3) their father, lodged the first information report the same day. On medical examination by Dr. Sharmila Karna on Feb. 10, 1977, Prem was found to be having a fresh tear in her hymen at 6 O'clock position. The rest of the hymen was intact, but red.