IDAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Idan Singh has preferred this appeal against the judgment of the learned Additional Sessions Judge, No. 1 Jodhpur, dated Oct. 19, 1976, for his conviction under section 376, I. P. C.

(2.) Briefly stated the prosecution was this. In the evening of 2-6-1975, Mst. Fancy wife of the appellant came to the house of Sushma. At that time, her parents were away from the house, Sushma accompanied Fancy to her house where she was asked to put the bedding in a room, Sushma entered the room, where the appellant committed rape with her and further threatened her that if she would disclose the incident to any body, then her father would be killed. Sushma thereafter, went towards her house but did not disclose the incident to any one. About 41/2 months after the incident, Sushma was examined by a doctor, who found her pregnant. Sushma was then given beating by her mother and thereafter she disclosed the incident. Raj Kumar father of Sushma lodged the first information report of the offence. A case under section 376, I. P. C. was registered and after usual investigation, challan was presented against the appellant.

(3.) I have heard the learned counsel for the appellant and learned Assistant Public Prosecutor for the State and perused the record of the case carefully.