JAISA SINGH @ JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30.07.1982 passed by the learned Addl. Sessions Judge, Sri Ganganagar convicting the appellant of offence under Sec. 376 I.P.C. and sentencing him to 2 years R.I. and to pay a fme of Rs. 100/-, in default of payment to further undergo 1 months R.I. The accused has further been convicted under Sec. 323 I.P.C. and sentenced to 1 month's R.I. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case in brief is that on 25.12.1981 a oral F.I.R. was lodged by Mst. Vidhya at Police Station, Chunawad at about 11.30 a.m. stating interalia that in the morning is usual her husband left house for gragging cattle, she after completing the domestic work went to the field alongwith her sister-in-law Bhagli. Bhagli while cutting the grass proceeded towards the filed of Bhura Ram. She was working in the filed of Jatsingh. At the time of sunset, while she was in Killa No. 10 of Square No. 14, she saw that accused Jaisa Singh coming from his own field towards her. He caught and threw her on the ground. He then committed rape on her. She further alleged that her bangles were broken while she was resisting, she made a cry which attracted her sister-in-law. She thereafter, went to the house. In the night she informed her husband. In the night it was not possible to travel to the Police Station and, therefore, the information was lodged in the morning. The Police registered a case of offence under Secs. 376 & 323 I.P.C. and proceeded with the investigation.

(3.) The Police submitted challan against the accused person of offence under Secs. 376 & 323 I.P.C. The accused appellant pleaded not guilty. The prosecution examined as many as 9 witnesses. In statement under Sec. 313 Cr. P.C. the accused stated that there are 2 groups in the village, one belongs to Gujjan Singh and the another belongs to Purshottam. The husband of the prosecutrix belongs to the Gujjan Singh's group whereas the accused appellant belongs to Purshottam's group. He stated that on account of group rivalry, he has been falsly implicated. The trial Judge relying upon the evidence of prosecutrix and the medical ewdence, held the appellant guilty of offence Under Secs. 376 & 323 I.P.C. and sentenced him as stated above.