SATTU ALIAS SATYA NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal, filed by the accused, is directed against the judgment dated May II, 1987, of the Sessions Judge, Churu, convicting and sentencing him for the offence under section 376 I.P.C. to 5 years R.I. and a fine of Rs. 250/-, in default of payment of fine to further R.I. for two months.

(2.) The case relates to the incident, which took place on July 16. 1986, at about 12 00 noon in the field of Gula Ram Dhanak situated outside the village Dhudwa-Khara. The victim of the crime was Smt. Vimala wife of Nathu Ram aged about 20 years. The prosecution case, in short, was that on the date of the incident Smt. Vimala had gone to their field to serve meals to her husband. After serving the meals she returned. When, on her way, she was near the field of Gula Ram accused Satya Narayan came to her from behind and caught hold of her. Smt. Vimala cried but the accused forcibly took her into a pit nearby, tied her hands backwards with a cord, threw her on the ground and committed rape with her. She raised cries which attracted Banwari and Dev Karan to the spot. On this the accused left Smt. Vimala and ran away. The cord on the bands of Smt. Vimala was removed by Dev Karan. Banwari and Dev Karan escorted Smt. Vimala to her house where she narrated the incident to ber mcther: in-law. Her husband was called and, accompanied by her husband, she went to the Police Station, Dudhwa Khara and lodged the First Information Report, the same day at 3.30 p.m. A case under section 376, I.P C. was registered against the accused and investigation started.

(3.) Shri Ram Singh, Station House Officer, proceeded to the spot, prepared the site plan and the memo of inspection. He seized the articles, namely, a Salvar, a jumper and a Chuddi, which Smt Vim ala was wearing at the time of occurrence. He also seized a cord (Rassi) produced by Smt. Vimala, which according to her was used in tying her hands at the time of the incident. All these articles were duly sealed. Smt. Vimala was sent for medical examination to Dr. S.K. Kaushik. On July 18, 1986, the accused was arrested. He, too, was examined by Dr. Kaushik who found that be was physically and sexually fit to carry out intercourse. Out of the clothes sent for chemical examination to the Forensic Science Laboratory, semen was detected on the chaddi. After investigating the accused was challaned in the Court of Munsif and Judicial Magistrate, Churu, who committed him to the Court Qf Sessions for trial. The accused was charged for the offence under section 376, I.P.C. He pleaded not guilty to the charge and claimed to be tried.