ABDUL HALEEM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated April 29, 1974, passed by the Sessions Judge, Jhunjhunu, whereby the appellant was convicted under sections 363 and 376 I. P. C. and sentenced to rigorous imprisonment for two years on each count.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned is that on the night between Oct. 19 and 20, 1973, the appellant secured his entry into the residential house of the prosecutrix through a window by removing an iron bar from the said window and that he woke up the prosecutrix from her bed and took her away on the threat that otherwise he would kill her. It is alleged that he kept her confined in his own quarter that night and raped her the following day. She was recovered from his house by the Police on Oct. 20, 1973 at about 4 p.m.

(3.) It has come in evidence that there was some previous liaison between the prosecutrix and the appellant. The father of the prosecutrix namely PW Gopal Ram produced the appellants Photograph Art. 1/1 which had been recovered by him from the box of the prosecutrix. It appears that the prosecutrix and the appellant were in correspondence with each other for quite some time before the occurrence. Though she denied this fact in her deposition in the trial, she had admitted before the committing court that she had been writing letters to the appellant. The Investigating Officer has testified that it was not possible for a man to enter the room of the prosecutrix or go out of it through the gap in the window effected by the alleged removal of one of the iron bars from it. The prosecutrix admitted in her testimony that besides her two sisters were also sleeping in the same room from which she is alleged to have been taken away by the appellant. In the circumstances, it is difficult, if not impossible, to believe that the appellant had committed house breaking by night and taken away the prosecutrix from her room in the manner alleged by the prosecution. On the other hand, it is more likely that the prosecutrix herself escaped from her house during the night and went to the appellant's house.