PARMA @ PARMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal Under section 374(2) Crimial P.C. directed against the judgment and order dated 29.8.1996 whereby the learned Sessions Judge, Baran, in Sessions Case No. 59/96, held the appellant Parma @ Parmanand guilty of the offence Under section 376 IPC, convicted his as such and sentenced him to Rl for 8 years plus a fine of Rs. 4.000.00 or in case of default of payment of fine to further undergo Rl for six months.

(2.) Briefly stated the prosecution case is that on March 5, 1996 at about 12 O' clock in the day the appellant took PW 1 Smt. Rukmani, aged about 15-16 years, with him to reap 'Sarso' crop at his field situated at about 2 km. away from village Borda under Police Station Mangrol, District Baran. It is further alleged that at his field the appellant committed rape upon Smt. Rukmani, first in the Sarso field and then in the adjoining field wherein wheat crop had been grown. It is further alleged that when the appellant was busy in the act of sexual intercourse with Smt. Rukmani, P.W. 5 Ganesh Ram, her father, reached there. On seeing the appellant outraging the modesty of his daughter, Ganesh Ram PW 5, scolded the appellant which led to a scuffle between the two. Any way the parties retired from the place of occurrence. Ganesh Ram PW 5 along with the prosecutrix PW 1 Rukmani and her mother PW 2 Shrawani reached police station Mangroi and lodged the FIR PW 9 Shiv Raj Singh, the then SHO P/s. Mangroi, registered a case Under section 376 Penal Code against the appellant. In the course of investigation Smt. Rukmani was got medically examined by PW 3 Dr. M.C. Jain who noticed some injuries on the back portion of Smt. Rukmani and also noted certain stains of her 'Ghaghra'. The cloths of the lady were seized and sent for chemical examination. No report of the Chemical Examiner was however, produced either before the trial court or before this court.

(3.) On local inspection of the place of occurrence a pair of 'chappals' and a 'Dantali' are stated to have been found by PW 9 Shiv Raj Singh, SHO. Those were also seized.