STATE OF RAJASTHAN Vs. MADAN LAL

JUDGEMENT

(1.) THIS revision petition is preferred by the State against the order of discharge dated 8 -2 -1988 passed by the Sessions Judge, Jhunjhunu.

(2.) SMT . Kamla lodged a report on 9 -5 -1986 alleging that on 8 -5 -1986 Madan came to her and she was taken by him on the pretext that be would get the payment made to her by the contractor under whom she used to work as the labourer. According to her she was taken to the river here she was pushed down on the ground by Madan Lal who committed sexual -intercourse forcibly on her Thereafter the other accused -persons arrived on the scene as they were biding themselves hereby and they also committed sexual intercourse with her one by -one. They she was made to drink something by which, she became unconscious. She has further alleged that the accused -persons repeatedly committed sexual intercourse with her throughout the night. Next day in the morning when the gained her senses she felt pain all over her body and sense of turning of her private part. She went to the Police Station and lodged a report. She was sent to the doctor for her medical examination and the doctor has given his report to the effect that rape has not been committed on her The doctor did not find any marks of violence on her body. The doctor further opined that the prosecutrix was habituated for sexual intercourse as she is married lady. After completing the investigation the Police submitted challan against these persons (respondents) under Section 376, IPC.

(3.) THE learned Public Prosecutor has argued that learned Sessions Judge has committed error in discharging the respondents. He admits that the medical report does not support the case of the prosecution but there is the statement of the prosecutrix Mst. Kamla and on the basis of this statement not only charge could be framed but, even a person can be convicted.