RANJEET SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.11.1981 passed by the learned Sessions Judge, Balotra convicting the appellants under Sec. 368 & 376 I.P.C. and sentencing them to 3 years' R.l. and to a fine of Rs. 500.00 each. Both the sentences have been ordered to run concurrent.

(2.) The prosecution case in brief is that one Heeramani lodged a F.I.R. at Police Station, Sardarpura, Jodhpour on 29.9.1981 stating interalia that his daughter Jyoti has been kidnapped by the accused Ranjeet Singh and Bhagwan Singh on 27.9.1981. He also alleged that the accused persons took Jyoti to Barmer and they committed rape on her in the room of Sewa Sadan. The informant also stated that Jyoti is minor and she was studying in IXth standard. He also stated that they were searching Jyoti since 27.3.1981. On this information, Police registered a case of offence under Sec. 368 & 376 I.P.C. The Police recovered sari and ornaments of Jyoti. After usual investigation the Police filed charge-sheet against two accused persons of offence under Sec. 368 & 376 I.RC.

(3.) During the trial, the prosecution examined as many as 7 witnesses and produced certain documents. The trial court on analysing the evidence found that Jyoti left alongwith Ranjeet Singh on her own. The court, however convicted the accused of offence under Sec. 368 & 376 I.PC. for the reason that she was below 16 years of age at the.time as such her consent was of no consequence.