NAZAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant is convicted for the offences of Section 457 and 325 I.P.C. respectively sentenced to two and half years R.I. with fine of Rs. 5000/-, in default to undergo two months R.I and 2 years R.T. with fine of Rs. 500/-, in default of payment of fine, to undergo two months simple imprisonment. Challenged is his conviction and sentence.

(2.) Brief relevant facts as per prosecution are that on 20.2.1986 at 5.30 PM, Smt. Bhagwanti, 65 years orally lodged report at Police Station Suratgarh that last night at about 11 PM she while sleeping in her house heard a sound, woke up then out of Kotha came Nazar Singh and pushing her ran away. Smt. Bhagwanti also informed that soon after running away of Nazar Singh, she searching her kotha found that Rs. 200- 300 were not - she shouting told this to neighbours Ram Pyari and also Anjan Singh, Hukum Singh, Chotha Ram etc who told that in the morning the panchayat shall be held. But in the panchayat Najar Singh did not turn up so report is lodged. Registering F.I.R. No. 443/1986 for the offences of Sections 457, 380 I.P.C., Smt. Bhagwanti was sent for medical examination. It appears that on February, 25th, the complainant lodged report Ex.P-5 before the Superintendent of Police in which she alleged that Nazar Singh who has hiding in bathroom came all of a sudden and forcibly getting hold and pushing her and made her fall down resulting in loss of two teeth and she cried, by forcibly shutting her mouth, raped her and threatening her to kill if told to any and taking Rs. 2300/- from the attache ran away. Also alleged that ASI not writing so, simply registered a case of theft.

(3.) In course of investigation and on information and at his instance recovering a underwear from below head of his cot and after usual investigation, charge-sheet submitted and case registered against the appellant for offences of Section 376, 458, 459, 392, 325 I.P.C. Appellant claimed trial.