KAPURA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the judgment of learned Sessions Judge, Jalore dated 29th May 1987 whereby the learned trial Court has held accused Kapura guilty of the offence u/sec. 376 and 342 IPC and has sentenced him to 1 year R. I. for the offence u/sec. 342 (PC and he has been sentenced to 7 years R. I. together with a fine of Rs. 100/- and in default to undergo one months for the offence u/sec. 376 IPC. Along with him accused Hadumana was also held guilty of the offence u/sec. 342 IPC but he has preferred no appeal.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are: that prosecutrix Kumari Sita went to purchase sugar at about 7 or 7. 30 P. M. to the shop of one Pukhraj Mahajan on 3/11/85 in village Bhavrani. After purchasing the sugar and Tobacco, when she was returning back to her home and came on the way near 'panchoda Ki seri' she met Kapura & Hadumana who induced her to accompany them and when they reached near the house of Kapura, she was forced inside the house of Kapura and was asked to marry Kapura. Mst, Sita refused to marry Kapura and raised hue and cry whereupon these two accused alongwith one lady Leela gave beating to her and Hadumana told Kapura that she will not agree willingly and so he must rape her. On hearing her cries, one Mangal Singh Rajput who was going on the way, went inside the house of Kapura and told him not to marry the girl forcibly against her will. When Mangal Singh asked Kapura not to marry her, he threatened Mangal Singh with knife injuries whereupon Mangal Singh came out. When Mst. Sita did not return home in reasonable time, her father Sona and her aunt Smt. Bhanwari went in search of her. Mangal Singh met them and informed about this incident. In the mean while, it is alleged that Kapura raped Mst. Sita and when these persons went to the house of Kapura alongwith other persons of the village, Mst. Sita was turned out of the house at about 8. 30 P. M. THE matter was reported to the police on the next day at about 8 P. M. THE written report of the incident was lodged which has been marked Ex. P. 2. Mst. Sita was got examined for her age and evidence of rape. THE Doctor has opined that she was 15 years old at the time of the incident and she has been raped forcibly. After usual investigation, the case against the accused was challaned in the Court of learned CJM Jalore from where it was committed for trial to the Court of learned Sessions Judge, Jalore, who after holding the trial, convicted and sentenced the accused appellants as aforesaid and hence this appeal.