KARNAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7.7.81 passed by Sessions Judge Shri Ganganagar convicting the appellant of offence under Sec. 376 Penal Code and sentencing to 7 years rigorous imprisonment and to pay fine of Rs. 500, in default of payment, to further undergo 3 months rigorous imprisonment.

(2.) The prosecution case as disclosed during the trial is that on 11.8.80 at about 9 Am PW 1 Mst. Gurdev Kaur after providing food to her brother Baldeo Singh was returning from the field, when she reached near the field of Karnail Singh, he caught and took her to 'Khala'. He untied the knot of the salwar and committed rape on her. She made a cry, on which her brother Baldeo Singh and maternal grandfather Chhota Singh rushed to the spot. The information of the incident was immediately lodged at 2 PM. The police registered the case for offence under Sec. 376 Penal Code and proceeded with the investigation. After usual investigation, police laid a charge-sheet against the appellant of offence under Sec. 376 IPC.

(3.) The accused denied the charge and claimed trial. The prosecution in support of the case examined seven witnesses and produced number of documents. The accused in his statement 313 Cr.PC. stated that he indulged in sexual intercourse with prosecutrix Gurdev Kaur with her consent. He stated that she used to talk to her everyday while returning from the field. On the date of incident, abruptly, her maternal grandfather arrived and saw them and therefore, she made a cry and made a false statement of rape. The learned Trial-Judge found the age of the prosecutrix of 20 years. On analysing the evidence he found, that there was no consent and as such held him guilty of offence under Sec. 376 IPC.