SHIVIA ALIAS SHIVJIDA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgment of the Additional Sessions Judge, No. 2, Jodhpur, dated September 30. 1974 by which, appellant Shivia alias Shivjida has been convicted under section 376, I.P.C. and sentenced to rigorous imprisonment for 6 years and a fine of Rs. 100.00, in default of payment of which, to further rigorous imprisonment for 6 months.

(2.) The incident occurred on the morning of Aug. 30, 1972 in the village Pilwa. Mst. Bhanwari. a girl aged about 10 years was going to her field with her cow. In the way, appellant Shivia caught hold of her and ravished her, causing rupture of hymen and severe injury to vagina. Sometime after, Shayra mother of appellant Shivia came there and took her to the house. Bhanwari narrated the whole incident to Shayra, who made change her clothes and gave another 'ghaghara' and 'chundari' to Bhanwari. The incident came to the notice of Thakur Devisingh, Ex-Jagirdar of village and man of a great influence. Thakur Devisingh send for Bhojraj, father of Mst. Bhanwari and Ghewatsingh, the uncle of the appellant. He told them of the incident, Bhojraj was taken to the house of Mst. Shayra, he found her daughter and noticed blood stains on the clothes of his daughter and was much worried and without speaking to his daughter return to Devisingh. Ghewarsingh was told to reimburse medical expenses of the treatment of Mst. Bhanwari to Bhojraj. There -after, Bhojraj returned to his house and narrated the whole incident to his wife. Shayra brought her to the parents. Mst. Bhanwari then told the whole incident to her parents Mst. Bhanwari was profusely bleeding from her vaginal injury and some local treatment was given to her. The blood could not stop and, therefore, on third day she was treated by P. W. 8 Dr. S.C. Maheshwari and another doctor P. W. 19, Rajendra Prasad Modi. Bhojraj, P. W. 3 told the doctors that no offence was committed in respect of Mst. Bhanwari. An anonymous letter was sent to Inspector General of Police, Rajasthan and the letter reached at police station on 14.12.1972. The Station House Officer went to village Pilwa and after much persuasion could record the statement of Bhojraj. Ex. P/2, which was treated as the first information report. A case under section 376, I. P. C. was registered after usual investigation, challan was put up in the court of Munsif-cum-Judicial Magistrate, Phalodi. Mst. Shayra, the mother of Shivia was also named as accused for the offence under section 201,I. P. C. The Magistrate committed to the Sessions and the appellant was convicted for the offence under section 376, I. P. C., but Shayra was acquitted of the offence under section 201, I. P. C.

(3.) I have heard the learned counsel for the appellant and the public prosecutor for the state and perused the record of the case carefully.