MALIKSINGH AND ANOTHER Vs. STATE

JUDGEMENT

(1.) This is an appeal against the Judgment of the learned Sessions Judge, Sri Ganganagar dated 15-11-1978 whereby the learned Sessions Judge has convicted and sentenced the accused-appellants Maliksingh & Heera as under:- <FRM>JUDGEMENT_42_LAWS(RAJ)1_1988.html</FRM>

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 1.3,1978, at about 1.15 PM, the prosecutrix Mst. Rani accompanied by PW1 Mst. Mana, PW2 Mst. Panchi and PW3 Gopiram went to the filed of Labhsingli Rahi to cut and collect the grass. There, it is alleged that accused-appellants Maiiksingh and Heera came and accused Maliksingh caught hold of Mst. Rani and thrown her in the mustered filed and then committed rape on her. Mst. Panchi and Gopiram, who are the kids of 10-12 years were asked to in away by the accused-persons. It is alleged that PW 1 Mst. Mana tried to intervene, thereupon accused Heera inflicted a sickle blow on her and then caught hold of her. The kids ran away to the village and informed their father PW 4 Manaram, who accompanied by Netram came to the field but on the way, they met Mst. Rani and Mst. Mana who related the entire incident to them Kaursingh (PW 7), who was so following them, came near them and he too was told the details of the incident. The report of the incident was lodged by Mst. Rani at P.S. Matilirathan at about 2.15 PM i.e. soon after the occurrence. A case against the accused-persons was registered. Mst. Rani was got medically examined for ascertaining the commission of rape as also her age. The accused-persons were also got medically examined. The injuries of Mst. Mana were also got medically examined. After investigation, a case against the accused-persons was challenged in the Court of Judicial Magistrate, Sri Ganganagar, who committed it to the court of learned Sessions Judge Sri Ganganagar for trial. After trial, the learned Sessions Judge has convicted and sentenced the accused-persons as aforesaid. Hence this appeal.

(3.) I have heaxd Mr. N. Gaur. learned counsel for the accused-appellants and Mr. R.K. Soni, learned Public Prosecutor for the State. I have meticulously gone through the record of the case.