SUTA RAM @ RAMJILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated September 18, 1987 rendered by Sessions Judge, Jhunjhunu whereby, he convicted the accused-appellant in the offence under Sections 376 of IPC and sentenced as under:

(2.) The factual matrix of the prosecution case in brief is stated as under: That on 18th December, 1986 the prosecutrix along with her elder sister and sister-in-law went to jungle to collect fuel (wood). It is alleged that when the proseputrix was fastening the bundle of fuel (wood), the accused Suta Ram suddenly came and having caught hold of made her to lie on the ground and ravished her without her consent. It is further alleged that when she raised alarm, the accused pressed her mouth. Having heard her screams, Chothu Ram who was grazing his she goats came running on the scene of occurrence. The accused had ravished her before his coming. There was one more boy of Rajput caste who wanted to rape her but having seen Chothu Ram both these persons filed from there. The prosecutrix gave an oral report in police station khetri, where police lodged First Information Report Ex. P/4 and commenced investigation.

(3.) During the course of investigation, the police prepared site plan Ex. P/5, recorded the statements of witnesses acquainted with the facts and circumstances of the case, got the prosecutrix medically examined with a view to ascertain the commission of offence of rape, arrested the accused and got him also medically examined and after usual investigation, submitted the charge-sheet in the Court of Magistrate having jurisdiction.