MAHESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Mahesh Kumar and Billa alias Virendra Kumar stand convicted under Sections 363 and 376, I.P.C. and sentenced to 1 year rigorous imprisonment, Rs. 200/- fine or in default 3 months' simple imprisonment and 10 years' rigorous imprisonment and Rs. 500/- fine or in default 3 months' simple imprisonment respectively by judgment dated 31-8-96 rendered by learned Sessions Judge, Hanumangarh in Sessions Case No. 35/95. Aggrieved by the aforesaid conviction and sentence, the appellants have preferred this appeal.

(2.) The incident took place in the intervening night of 21st and 22nd May, 1995 in Sangariya town. The prosecutrix Annu is the daughter of Roshan, Lal Arora resident of Ganganagar and she had come to meet her maternal grand parents at Sangariya. During the night she was sleeping on a cot in front of the house and her maternal father Munshi Ram and maternal mother Smt. Rukmani Devi (P.W. 2) were sleeping nearby her cot. Rukmani Devi woke up at about 12.30 and did not find Annu on the cot. She told her husband Munshi Ram and also called her son Om Prakash from his house. Om Prakash his son Vijay Kumar and neighbours Nihal Chandra, Mohan Lal and Rajendra went out to search her. Annu was even weeping and coming behind Dhanesh Cotton Mills. She was brought to home and when asked, she narrated that two boys forcibly took her by gagging her mouth at the point of knife towards the bushes near Railway boundary. She further stated that both the boys committed rape upon her. She did not know the boys prior to the occurrence, but she came to know their names Mahesh and Billa because they were calling each other's name during the incident. Jitendra Kumar son of Roshan Lal, maternal uncle of the prosecutrix had seen both the appellants standing near their house at about 11.30 p.m. The appellants were not found during the night at their residence when Om Prakash and others tried to apprehend them.

(3.) The First Information Report Ex. P-1 was lodged by Om Prakash maternal uncle of the prosecutrix at 6.30 a.m. on 22-5-95 at Police Station, Sangariya where offences under Sections 363, 366 and 376, I.P.C. were registered for investigation. The site inspection map Ex. P-3 and inspection note Ex. P-3A were prepared by the Investigating Officer Richpal Singh, S.H.O., Sangariya on the same day. Dr. Sushila Choudhary examined the person of Annu alias Anju prosecutrix and found the following injuries :- Abrasions :