STATE OF RAJASTHAN Vs. OM PRAKASH

JUDGEMENT

(1.) The State of Rajasthan filed Criminal Leave to Appeal against the judgment dated March 26, 2002 of Additional Sessions Judge, (Fast Track) No. 1 Bundi in Sessions Case No. 312 of 2001 whereby the accused respondents have been acquitted from the offence under Sections 363, 366, 376, 120B IPC. and this Court vide order dated March 2, 2007 allowed the application and the leave to appeal was ordered to be treated as appeal. Notice of appeal was issued to the accused respondents. As accused respondents No. 5 Durgalal died, appeal against him was abated vide order dated August 6, 2007. Hence this appeal.

(2.) Brief facts of the case are that a Parcha Bayan of Smt. Anita daughter of Bherulal by caste Dhakad (Ex. D.1) was recorded by Kamlesh Sharma, ASI Police Station Nagar Fort, Camp Gordhanpura stating therein that after her marriage she stayed with her husband for one year and thereafter he refused to keep her and her father in law kept her at the residence of brother of mother-in-law at Bamangaon. From Bamangaon nephew of Jagdish Sarpanch taken her in a jeep after staying for 5-6 days and sold her to Om Prakash in an amount of Rs. 15,000/-. An Om Prakash and Anita of same Gotra Om Prakash refused to keep her. Thereafter she was taken away by Satyanarain Dhakad. Satyanarain Dhakad in order to rape her consumed liquor at the road side. Anita ran away from there and entered in the house of Stayanarain Sharma. Satyanarain Dhakad tried forcibly to take Anita but she refused to go with him. Thereafter Satya Narain ray away. Anita stated that Om Prakash and Sayanaraian Dhakad raped her. On the basis of this parcha bayan FIR under Section 363, 366 and 376 IPC was lodged at PS Nenwa Distt. Bundi. Anita was produced before the Judicial Magistrate at Kota and her statement under Section 164 Cr.P.C. was recorded. In her statement under section 164 Cr.P.C. she has taken the names of Satnaraian and Ganesh for raping her in Sugarcane field. Thereafter again she has taken the names of Satyanarain, Ganesh and Durga Patel and Sheoji Gurjar. It was stated that they taken her in a jeep where from she ran away and taken shelter at the residence of Sayanarain Brahmin. It appears that on May 2,2000 Anita gave an affidavit that she has lodged a false report against all these persons. The police filed challan against the accused respondents under Sections 363, 366 and 376, 120B IPC. The trial Court framed charge against the accused respondents for offence under Sections 363, 366, 376/120 B IPC. The accused respondents denied the charge and claimed to be tried. The prosecution in support of its case recorded statements of 15 witnesses and exhibited documents. The statements of accused respondents under Section 313 Cr.P.C. were recorded. The accused respondents in defence produced two witness and exhibited 7 documents. After hearing arguments of both the sides, the trial Court acquitted the accused respondents for the offence charged against them vide judgment dated March 26, 2002.

(3.) The learned Public Prosecutor argued that the Court below without going through the entire record and evidence wrongly acquitted the accused respondents for the offence charged against them. The court below while passing the impugned order did not consider the statements of witnesses in correct perspective. Thus the judgment of the Court below is liable to be set aside and the accused respondents should be convicted for the offence charged against them. The trial Court has not properly appreciated the evidence came on record and produced by the prosecution.