NEMI & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-4-82 convicting and sentencing the appellants u/Ss. 376 and 323 IPC; for the offence u/S. 376 Nemi Chand has been convicted and sentenced to three years' R.I. and a fine of Rs. 300.00 Appellant Tundi was convicted u/S. 323 Penal Code but was given benefit of Probation.

(2.) Ramji Lal husband of the prosecutrix Mst. Shanti lodged a written report on 1-9-80 at the Police Station, Hindon alleging that on 12-9-80 in the morning at 8 a. m. when his wife was cutting grass in the field of Kishori, accused Nemi Chand came there and forcibly committed rape on Mst. Shanti. This incident was witnessed by Prabhu, Kishori and Gabru. This incident was narrated to him by his wife and when he was going to report the matter in the Police he was obstructed by Nemi Chand and his companion. On 14-9-80 at 7 a. m. he and his wife Mst. Shanti were going to lodge the report at the Police Station and as soon as they came out from their house, Nemi and other persons surrounded them and gave beating to both of them with lathis. Ramji Lal S/o Ram Singh, Badri and Basanti recused them. On this report a case u/Ss. 376, 341, 147, 323, 149 Penal Code was registered. After completing the usual investigation the Police submitted challan against 7 persons.

(3.) The trial Court framed charge against Nemi u/Ss. 376, 147, 323/149, 323 and 341 IPC. Against other accused-persons charge u/Ss. 147, 323, 323/149 and 341 Penal Code was framed. The accused pleaded not guilty and claimed trial.