JHINGURIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated September 28, 1987 rendered by Additional Sessions Judge, Karauli whereby, he convicted the accused appellant in the offences under Sections 376 and 323 of IPC and sentenced as under : U/S. 376 of IPC : Rigorous imprisonment for seven years and a fine of Rs. 300/-; in default of payment of fine to further suffer rigorous imprisonment for six months. U/S. 323 of IPC : Rigorous imprisonment for six months. Both the sentences were ordered to run concurrently.

(2.) The factual matrix of the prosecution case, in brief, is stated as under :- That on 10th August, 1984 at about 2 - 2:30 p.m., the prosecutrix was causing the cattle to graze at the taal. The accused appellant came there and caught hold of her hand and asked her to accompany him up to mine, but she refused to go and reminded him that he happened to be her Mama in relation. Thereafter, the accused started staring at her and gave a blow of club. He lifted and took her to the culvert (Nala) above the taal. The prosecutrix raised a hue and cry but accused- appellant ravished her against her will and fled from there. The prosecutrix stayed there for about two hours and then went to her house where she narrated the entire incident to her husband Fatta. It is alleged that Fatta, Jagan and Deoji all the three persons caught the accused appellant and brought before her. Then, the prosecutrix gave a blow of fist on the nose of the accused and beat him with chappal. The prosecutrix lodged a written report Ex. P/2 in police station Karauli, where police registered First Information Report Ex. P/3 and commenced investigation.

(3.) During the course of investigation, the police recorded the statements of witnesses acquainted with the facts and circumstances of the case, got the prosecutrix medically examined with a view to ascertain commission of offence of rape as also the age, arrested the accused and got him also medically examined and after usual investigation, submitted the charge-sheet in the concerned Court.