IQRAMMUDDIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant (for short the accused) calls in question the propriety of the judgment dated Oct. 24, 1997 of the learned Additional Sessions Judge Neem Ka Thana (Sikar) whereby the accused in Sessions Case No. 7/97, was convicted and sentenced under section 376 Penal Code to suffer seven years rigorous imprisonment and to pay a fine of Rs. 500.00 (in default to further undergo 3 months simple imprisonment).

(2.) The facts necessary to unfold the controversy involved in the case, briefly stated are that Nathu Ram (PW 3) instituted written FIR (Ex.R 1) with the Police Station Khandela (Sikar) in the intervening night of Sept. 3 and Sept. 4, 1996 at about 00.30 a.m. with the averments that on Sept. 3, 1996 when his wife Basanti was in the forest area alongwith cattle, she was raped at about 6.00 p.m. by Iqrammuddin (accused). Hearing her hue and cry Kalu and Jhabar (PW 4) reached at the spot. His wife Basanti sustained injuries and one of her gold ornament has been taken away by the accused. Case under section 376 and 379 Penal Code was registered and investigation commenced. Charge sheet was filed after completion of the investigation and the case was committed to the court of Additional Sessions Judge Neem Ka Thana. The accused denied the charge framed against him under section 376 Penal Code and claimed trial. The prosecution examined as many as nine witnesses. Thereafter statement of the accused under section 313 Cr.PC. was recorded. The accused denied the allegations and pleaded that the witnesses had enmity with him. He had a quarrel with Bodu who is father in law of Basanti who is lady of loose character (Badmash Aurat). Amir (DW 1) was produced by the accused as a defence witness. Learned trial court after hearing the arguments convicted and sentenced the accused as indicated above.

(3.) Mr. Reshma Bharagava, learned counsel appearing for the accused assailed the finding of the learned trial court, raising various pleas which may be summarised thus-