BHOOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants have been convicted by the Additional Sessions Judge, Sirohi under Sec. 342 I. P. C. vide judgment dated 29-9-1973.

(2.) Briefly, the prosecution case is that on the night intervening 26/27th Nov., 1966, Mst. Tipu (PW 1) was sleeping in the room of her house and her husband and husbands elder brother (PW 2) had gone for watering the fields. The appellants Gattu and Mopta are said to have visited her in the night and asked her to accompany them as she has been called by Shri Bhoor Singh. On refusal, she was beaten and threatened and was forcibly taken to the Bera of Bhoorsingh known as 'Nakra'. It is said that Shri Bhoor Singh, who happened to be the Jagirdar of village, as used to get one goat from each villager and on this demand being made from the family of Mst. Tipu, it is said that it was not complied with. When she was produced before Shri Bhoor Singh, it is alleged that she was kicked and was confined in a room and was raped by him. The appellant Shri Rawata and Shri Kesia remained outside the room and kept a watch on her. On the next day, morning Mst. Tipu's husband's, elder brother Shri Sankla and her nephew Shri Kheta came to the well 'Nakra' who were said to have been informed by Mst. Tipu's son Amba aged about nine years about her. Shri Sankla and Shri Kheta requested Shri Bhoor Singh to release her but Shri Bhoor Singh refused to do so, and demanded a sum of Rs. 500.00 from them. It is said that one Shri Jethu Singh was sent for by Shri Sankla through Shri Kheta. On intervention by Shri Jethusingh, Mst, Tipu was released. On report of the occurrence on 28-11-1966, a case under sections 376, 366, 447 and 342 I. P. C. was registered and after usual investigation charge-sheet was presents against the accused persons. The accused Shri Bhoor Singh was charged for the offence under section 376 I. P. C. The accused Gattu and Mopta were charged under section 447 Penal Code and all the five accused persons were charged under section 342 and 366 I. P. C. The accused pleaded not guilty to the charge and claimed to be tried. The prosecution examined as many as seven witnesses and after recording of the statement of the accused persons, the learned Additional Sessions Judge acquitted the accused Shri Bhoor Singh of the offence under section 376 I. P. C. He also acquitted the accused Gattu and Mopta for the offence-under sec. 447 I. P. C. and the five persons were acquitted of the offence under sec. 366 IPC. and convicted all of them of the offence under section 342 IPC. The accused Shri Bhoor Singh sentenced to a fine of Rs. 250.00 in default to under go rigorous imprisonment for one month, and the other accused persons were sentenced to a fine of Rs. 100.00 each and in default to undergo 15 days rigorous imprisonment. Aggrieved against their conviction and sentence the accused persons have preferred this appeal.

(3.) I have heard the learned counsel for the appellants and the learned Public Prosecutor for the State.