PAPPU AND BALWANT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) JUDGMENT :- Through this appeal u/S. 374(2), Cr. P. C., appellant Pappu calls in question the judgment of the learned Special Judge (Prevention of Atrocities on Women) Sri Ganganagar dt. 16-1-98, whereby he was convicted u/S. 376, IPC and sentenced to 7 years R.I. and a fine of Rs. 500/-, in default two months S.I.

(2.) The facts giving rise to this appeal are these. The incident is of dt. 16-8-92. At about 1.30 p.m. "S" (P.W. 1), 13 years, was in the field of her uncle Om Prakash for cutting grass. While she was doing her work, it is alleged, the accused went there, caught hold of her flung her on the ground and committed rape on her at pistol point. Om Prakash, (P.W. 3) happened to reach there and on his call the accused ran away from the scene of occurrence. The first information report of the occurrence was lodged by Kalu Ram, father of "S" on 17-8-92 at 7 p.m. on which a case u/S. 376, IPC was registered. During investigation the police got "S" medically examined, inspected the site and interrogated the witnesses. After the completion of the investigation a challan was filed.

(3.) The learned Special Judge cum Additional Sessions Judge framed a charge u/S. 376, IPC to which the accused pleaded not guilty. The prosecution examined P.W. 1", P.W. 2 Kalu Ram, P.W. 3 Om Prakash, P.W. 4. Dr. Rajendrakumar Gupta, P.W. 5 Jivraj Singh, P.W. 6 Chetram, P.W. 7 Narpat Singh and P.W. 8 Dr. Om Prakash Sharma. The accused in his statement u/S. 313, Cr. P.C. denied accusation. He did not examine any witness in defence. The learned Judge of the trial Court after hearing the arguments of the counsel for the parties held that the charge against the accused was fully established. He, therefore, convicted and sentenced him as stated above.