SHIV RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dt. 21 -11 -1987 passed by the Addl. Sessions Judge, Gangapur City where by, convicting the accused -appellant 376 IPC and sentenced him for 10 years R.I. and a fine of Rs. 1000/ - in default of payment of fine, to further undergo 6 month's RI.

(2.) ON the Parcha Bayan of Mst. Kaveri recorded by the Police dated 15 -11 -1986 a rate 376 IPC was registered. In this statement she has stated that on 15 -11 -1986 at 330 p.m. she took her bull for drinking water and when she was returning the bull got freed and ran away. She chased and the bull entered into the field of Ram Prasad Meena. In that field Shiv Ram s/o Ram Prasad Meena was standing and he forcibly dragged her and committed rape on her.

(3.) SHRI Tibrewal, learned Counsel for the appellant argued that at the time of the commission of the offence the accused -appellant was of the ape of 19 years. According to the statement recorded 313 Cr. PC the accused was of 20 years of age and the incident had taken place about 10 months before the statement was recorded So it is clear that the accused was about 19 years of age when this offence was committed. According to the doctor's statement the age of the prosecutrix Mst. Kaveri was between 12 to 16 years. In all aspects she was below 16 years of age. It was also argued that both the accused and prosecutrix belong to same caste and it is not the case that the accused had gone to her house or her field and forcibly committed the rape. But, according to the story, she while following the bull entered into the field of Ram Prasad where his son accused Shiv Ram was present and there he committed this offence. It was also argued that the accused is not a habitual offender, so looking to all these factors it is a fit case where some lenient view can be taken. The accused appellant has been awarded 10 years RI and if he is kept in jail for such a long period along with other hardened criminal there would be adverse effect on his future.