PRABHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Prabhu Lal, the appellant herein, was put to trial before the Additional Sessions Judge, Jhalawar who vide impugned judgment dated 10th December, 1986 convicted him in the offence under Section 376 of IPC and sentenced him to rigorous imprisonment for 7 years and a fine of Rs. 250; in default of payment of fine to further suffer rigorous imprisonment for 6 months.

(2.) The prosecution case in brief is that:- The prosecutrix in the afternoon of 24th August, 1984 went to draw water on the well of Narayan Patel. It was rainy season and drizzling. It is alleged that when she was drawing water from the well, the accused-appellant suddenly appeared and stood behind her. He lifted her in his lap and took her in the crop of maize. When she screamed, the appellant gagged her mouth by his hand. Thereafter, he made her to lie straight on the ground, lifted her ghaghara, draw his penis from his dhoti he was wearing, put her both the legs on his shoulders and ravished her. It is alleged that when she raised a cry, he threatened to kill her. He left her only when he discharged semen. Thereafter, he fled from there. Having heard her screams, her sister-in-law Chanda Bai and one Nanda, working in a nearby field came there. She narrated the incident to them, thereafter, she came to her house. There, she narrated the entire incident to her husband. When they were going to lodge the report in the police station, the accused armed with farsi blocked there way and threatened to face the dire consequences, if they lodged the report against him with the police. Somehow, they managed to reach the police station Manohar Thana where the prosecutrix lodged the report, whereupon, the police registered FIR Ex. P/1 and commenced investigation.

(3.) The Investigation Officer recorded the statements of the witnesses under Section 161 of Cr.P.C, prepared the site plan Ex. P/5, arrested the accused Prabhu Lal vide memo Ex. P/6, got the prosecutrix medically examined and after usual investigation sent the accused-appellant for trial before the court.