RAJU AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were the accused on the file of learned Special Judge SC & ST (Prevention of Atrocities Cases), Bharatpur, bearing Sessions Case No. 62/96. They were found guilty under Section 376(2) of the Indian Penal Code and Section 3(1)(xii) of the SC & ST (Prevention of Attrocities) Act, convicted thereunder and each of the accused was sentenced under Section 376(2), IPC to undergo five years' rigorous imprisonment and a fine of Rs. 2,500/- (in default of payment of fine to undergo six months' S.I.).

(2.) Aggrieved by the impugned judgment dated September 8, 1997 action for filing the instant appeal has been resorted to.

(3.) Brief resume of the facts is that informant Radhey Harijan instituted written FIR (Ex. P/7) with the Police Station Chiksana (Bharatpur) on August 8, 1996 with the averments that his daughter Sunita aged 15-16 years had gone to the field to attend the call of nature at about 7-8 p.m. on August 6, 1996. There she was abducted by the accused Raju, Sukhveer, Genda and one other person. They took her to jungle, tied her hands and legs and committed rape on her. When Sunita did not return back, Bijjo, the son of the informant went towards the fields in search of Sunita. He found her in the company of the accused next day morning around 5-6 a.m. On seeing Bijjo the accused escaped. Bijjo untied her hands and legs. The informant had gone away in search of a girl suitable for marriage. When he came back in the evening he came to know about the incident. Report could not be lodged by him in the night. P.S. Chiksana registered a case under Section 376/34, IPC and investigation commenced. Prosecutrix was medically examined, the accused were arrested and on completion of investigation charge-sheet was filed. Thereafter the case was committed to the learned Court below, where charges under Sections 376, 376/34 of IPC and Section 3(1)(xii) of SC & ST (Prevention of Atrocities) Act were framed. The accused denied charges and claimed trial. The prosecution examined as many as 14 witnesses. Statements of the accused under Section 313, Cr PC were recorded. No defence witness was examined by the accused. The learned trial Court after hearing the arguments convicted and sentenced the accused as mentioned hereinabove.