STATE OF RAJASTHAN Vs. DOONGA

JUDGEMENT

(1.) CHALLENGE in this appeal is to the judgment dated 5th April, 1989, rendered by District and Sessions Judge, Bundi whereby the accused respondent Doonga was acquitted in the offence under Section 376 of CPC.

(2.) THE prosecution version as unfolded during trial is as under: That on 1st of March, 1988 at 10.00 AM PW/3 Moti Lal gave a verbal report to SHO Police Station, Basoli stating that a day before he had gone to attend one marriage at village Khemna being solemnized in the house of his brother -in -law. When he came back to his village Padal in the evening hours, he found 2 -5 persons having assembled there. On being enquired, his wife told him that their daughter Ramdhani had gone to Patiyalwala Kuan to supervise the field. The accused Doonga was also supervising the crop of wheat in his field. It is alleged that at about 3 -4 PM the accused Doonga caught hold of their daughter Ramdhani, aged 7 years and ravished her, as a result of which her private parts started bleeding and was still bleeding. As per the report, PW/6 Mangi Lal lifted Ramdhani and brought her to house. The police lodged the FIR Ex.P/1 and commenced investigation.

(3.) IN due course of time, the case appeared before Sessions Judge, Bundi for trial. The accused was indicted for the offence under Section 376 of IPC, which he did not plead guilty and claimed trial. The prosecution in order to further its version, examined eleven witnesses. In his explanation under Section 313 of Cr.P.C, the accused claimed innocence and pleaded that Ramdhani was her sister and he has been falsely implicated in the case. He further pleaded that Gopi was his maternal uncle who adopted him but the complainant Moti wanted Gopi to adopt his son. This is the reason that a false case lodged against him. He has adduced four witnesses in defence. On completion of trial, the trial Court did not find him guilty ad acquitted as indicated hereinabove.