PATTA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25-3-1983 passed by the Sessions Judge, Balotra convicting the appellant of offence under Section 376, I.P.C. and sentencing to 4 years R.I. and to pay of fine of Rs. 500/-. In the default of payment to further undergo six months R.I.

(2.) P.W. 3 Basta Ram submitted a typed F.I.R. at Police Station, Balotra on 18-3-1982 stating that his daughter was married and he had brought her to his village Meva Nagar. On account of the illness of his mother, he had gone to village Buriwara. On 18-3-1982 when he returned to Meva Nagar, his daughter informed him that on 17-3-1982, she had gone to forest for collecting firesticks along with Mst. Reshmi (PW 5) and Mst. Palki (PW 9). While they were collecting the firesticks, accused Patta arrived there. He caught and threw her on the ground and committed rape on her. She made a hue and cry, which attracted Reshmi and Panki. They immediately came to the spot, however, seeing Patta on her, out of fear, they ran away. On this information, police registered a case for offence under Seciton 376, I.P.C. and proceeded with the investigation. On the next day, Mst. Kamla was examined by Dr. Banshi Lal Choudhary (PW 1). He found impressions of teeth on the face and also number of scratches on the body. He also noticed abrasions on vagina. The accused was also examined on the same day vide Ex. P/2, Dr. Hismat Lal Khiyani (PW 2) expressed that the accused was capable of performing intercourse with any lady. After usual investigation, the police laid a charge sheet against the accused.

(3.) The appellant was charged for offence under Section 376, I.P.C. He denied the guilt and claimed trial. The prosecution in support of the case examined 9 witnesses and produced certain documents. The learned Judge relying on the testimony of the prosecutrix Mst. Kamla (PW 4) and the other evidence found the prosecution case proved. Accordingly, he convicted him for offence under Section 376, I.P.C. and sentenced him as stated above.