MEGHRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Meghraj Singh and bhoop Singh have filed these two appeals against the judgment dated November 17, 2005 of additional Sessions Judge, (Fast Track) No. 2 bharatpur in Sessions Cases No. 30 of 2004 and 22 of 2005 whereby the accused appellant meghraj Singh was convicted and sentenced for the offence under section 376 IPC to suffer 7 years rigorous imprisonment and fine of Rs. 5000/- and in default of payment of fine to suffer six months simple imprisonment, whereas appellant Bhoop Singh was convicted under section 376 read with section 114 IPC and sentenced to suffer 5 years rigorous imprisonment and fine of Rs. 3000/- in default of payment of fine to suffer 3 months simple imprisonment.

(2.) IT may be mentioned here that both the accused appellants were co-accused in an FIR registered against them and investigation was done against them but accused appellant Bhoop singh was arrested on 27. 12. 2003 and accused appellant Meghraj Singh absconded. Trial against bhoop Singh was completed and thereafter meghraj Singh was arrested and again trial court recorded the statements of the witnesses. As both the accused appellants were co-accused in the FIR No. 361 of 2003, the judgment in both the sessions cases was pronounced only after completion of trial in the case of Meghraj singh. Both the accused appellants were convicted and sentenced vide combined judgment dated November 17, 2005 as mentioned above. Since the accused appellants were coaccused in an FIR No. 361 dated 30. 8. 2003, both these appeals are being disposed by this common judgment.

(3.) BRIEF facts of the case are that virendra Singh lodged a written report on August 30, 2003 at 9. 45 a. m. that on August 30, 2003 in the night at 1. 45 a. m. when he was sleeping at his residence he heard hue and cries. He immediately rushed to the house of Vijay Singh and found that cries were of Mamta, who is daughter of his uncle from the house of Bhoop singh. Bhoop Singh and Meghraj Singh caught hold of Mamta. Other persons were also collected at the residence of Bhoop Singh but Bhoop Singh and meghraj Singh ran away from the roof side. On asking Mamta she stated that when she was sleeping on the roof of her house Bhoop Singh and Meghraj Singh gaged her mouth with cloth and taken her away to the house of Bhoop Singh where meghraj Singh raped her and Bhoop Singh facilitated Meghraj Singh to commit rape on her. At that time she was naked and not wearing her salvar. Bhoop Singh and Meghraj Singh threatened her not to say to anybody otherwise they will kill her all family members. She stated that they also given beating to her. After investigation, the statement of prosecutrix under section 164 Cr. P. C. was recorded by the Magistrate. Challan was filed against the accused appellants for the offence under Section 376 and 376/114 IPC. In Sessions case No. 30 of 2004 charge was framed against bhoop Singh vide order dated 30. 6. 2004 for the offence under section 376/ 114 IPC. The prosecution in support of its case examined PW. 1 virendra Singh, PW. 2 Bhoodevsingh, PW. 3 Maharaj singh. PW. 4 Harnam Singh, PW. 5 Smt. Dulari, PW. 6 mamta, PW. 7 Dr. Usha Gupta. PW. 8 Satyaprakash, pw. 9 Hariram, PW. 10 Prem Shanker, PW. 11 Dr. Vinaykumar Atrey, and PW. 12 Lakhansingh khatana. Statement of accused under Section 313 cr. P. C. was recorded. The accused Bhoop singh himself appeared as DW. 1 and stated that on 29. 8. 2003 at 6-7 p. m. Virendra Singh gave beating to Meghraj. Meghraj received injuries. FIR was lodged, which is Ex. P. 6. His injuries were examined by the doctor vide Ex. P. 7. X-ray was also done which is Ex. P. 8. Site map of place of incident was also prepared which is Ex. P. 9. In the cross examination, he himself admitted the age of prosecutrix to be 14 years. After arrest of accused Meghraj Singh, the trial court framed charge against him for the offence under section 376 IPC on July 27, 2005. The prosecution in support of its case produced pw. 1 Dr. Usha Gupta, PW. 2 Hariram, PW. 3 Lakhan singh Khatana, PW. 4 Virendra Singh, PW. 5 bhoodev, PW. 6 Maharaj Singh, PW. 7 Dr. Vinay kumar Atrey, PW. 8 Smt. Dulari, PW. 9 Harnam singh, PW. 10 Chandan Singh, PW. 11 Mamta and pw. 12 Kulraj Singh. Statement of accused under section 313 Cr. P. C. was recorded. In defence one Ramsaran was produced. The trial court after hearing the arguments of the learned counsel for the accused appellants and the Public Prosecutor vide judgment dated November 17, 2005 convicted and sentenced the accused appellants as mentioned above.