DHAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Dhan Singh resident of village Jalwara Police Station Nahargarh, District Kota was tried by the Additional Sessions Judge, Baran, for the offence of rape and robbery punishable under sections 376 and 392 IPC. By this judgment dated April 16, 1977, the learned Judge convicted the appellants on both the counts. He passed a separate order dated April 18, 1977, sentencing the appellant to rigorous imprisonment for five year's and a fine of Rs. 2:0 - or in default further rigorous imprisonment for three months under section 376 IPC. He further sentenced the appellant to rigorous imprisonment for two years and a fine of Rs. 250 or in default further rigorous imprisonment for three months under section 392 IPC. Both the substantives sentences were ordered to run concurrently.

(2.) The story as contained in the FIR lodged by Prabhulal father of the prosecutrix, namely Manni rans like this. Prabhulal was working in bis field on Nov. 9, 1972, Manni carried tiffin for him that morning at about 10 or 11 a.m. It is alleged that the appellant way laid her and raped her on the point of knife. He is also alleged to have robbed her of her silver ornaments, viz., Tagadi and Kadiya. Prabhulal mentioned in the FIR, that the prosecutrix came to him shortly after the occurrence in the company of Harlal and Sheopal and narrated the occurrence to him. He complained that the appellant is a sadist who according to him had already defiled a number of young girls in the village. He requested the police to bring the appellant to book.

(3.) The FIR, was lodged at police station Nahargarh on Nov. 10. 1975 at 9 p.m. i.e. neariy 22 hours after the occurrence.