BRIJ LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Brijlal faced trial under Sections 376, 323, 342 and 354, IPC before learned Additional Sessions Judge, Raisingh-nagar. Guilt was proved against him. He was convicted for the said offences and sentenced to seven years' rigorous imprisonment with a fine of Rs. 2000/- and in default to undergo six months' rigorous imprisonment for offence under Section 376, IPC. It was further ordered that in case fine was recovered the same shall be given to the mother of prosecutrix as prosecutrix was minor at that time. No separate sentences were passed for other offences. Appellant aggrieved by this judgment of conviction and sentence preferred this appeal.

(2.) Briefly stated facts of case are that Kamla PW-4 and her sister PW-3 Vimla who were minors went to a distance of about 1-1/2 murabba away from their village to collect grass on 23-9-1982 at 4.00 p.m. Appellant caught hold of Vimla and took her in a Khala in cotton crop and raped her. Kamla, who was the younger sister, immediately went to her mother having tears in her eyes and informed her. Parents of prosecutrix rushed towards the place of incident. They saw appellant running. They also found that Vimla was laying naked in unconscious condition and her 'shalwar' was lying nearby. She was bleeding per vagina. She was taken from there to the house of her parents. The incident was told to Hari Ram, Budh Ram, Mani Ram etc. Then Nand Ram brought the appellant and a panchayat was organised. He admitted before panchayat that he committed rape with Vimla. Vimla gained consciousness at about 9.00 p.m. She told that the appellant tempted her to give a water-melon and took her in his field where cotton was growing. He fell her on the ground, opened her shalwar and raped her. She suffered such agony that she became unconscious. Since Vimla regained consciousness at about 9.00 p.m. and there was no means of communication available in the night, the report was lodged at police station Anupgarh next day. Police registered a case under Section 376, IPC. Prosecutrix was examined for her age and X-Ray were taken. Examination of her body was conducted and the doctor opined that the rape was committed on her. During investigation site plan Ex. P/9, memo Ex. P/10 were prepared. 'Shalwar' belonging to prosecutrix was seized vide Ex. P/11. Accused appellant was arrested and his underwear was seized. After investigation challan was submitted before the Munsif and Judicial Magistrate, Anupgarh who committed the case to the learned Sessions Judge.

(3.) Learned Sessions Judge framed and read over charges to the appellant on 28-2-1983. Appellant denied them and claimed trial. Thereupon prosecution examined as many as nine witnesses. Accused appellant was examined under Section 313, Cr. P.C. He did not examine any witness in defence. However, the defence of the appellant as stated by him under Section 313, Cr. P.C. was that Leelu Ram, father of prosecutrix, worked with him for about two months and then left. Lalu came to demand his wages. The accused appellant wanted to give money for two months only and not thereafter. Hence Lalu falsely involved the appellant.