NARAYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal against the judgment of the learned Sessions Judge, Merta dated 22-11-1978 where by the learned Sessions Judge has held the accused-appellant Narayan guilty of the offences under Sections 376 and 451 IPC and has sentenced him to two years rigorous imprisonment together with a fine of Rs. 1,000/- and in default to undergo three months' rigorous imprisonment on the first count and to undergo one year's rigorous imprisonment together with a fine of Rs. 500/- and in default to undergo one month's rigorous imprisonment, on the second count. Both the substantive sentences were ordered to run concurrently.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are: that Mst. Koyali wife of complainant Tulchharam, on 23-10-76 at about 9 a.m. went to her Bada to collect cowdung and to give fodder to the animals. It is alleged that accused Narayan who is the real brother-in-law of Tulchharam's sister entered the Bada and finding Mst. Koyali alone caught hold of her from back and pulled her to the ground and then raised her Ghaghara and committed rape with her Mst. Koyali cried for help. She caused bite-injuries to him by her teeth and moved her legs and hands for releasing herself from the hold of the accused. It is alleged that on hearing her cries Bherudan and Jogida Bhambhi came there and they pulled the accused from over Mst. Koyali. The accused then ran away from the Bada of Tulchharam and in the way, when Tulchharam met him, he threw stones on him and ran away.

(3.) This occurrence happened at about 9 a.m. on 23-10-76 but no report of the incident was lodged till 25-10-76. How ever, on 25-10-1976, a complaint has been filed in the Court which was forwarded to the Police on 26-10-76 for investigation under Section 156(3), Cr. PC. It was received by the S.H.O. on 28-10-76. A case under Sections 376, 452, 323, 342 and 147, IPC was registered against the accused-appellant. The police inspected the site and got Mst. Koyali medically examined.