RANGJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 17.8.81 passed by the learned Sessions Judge, Banswara, convicting the first, second and third appellants for the offences under sections 366 and 376 Penal Code and sentencing each of them to three years' rigorous imprisonment on each count. Fourth appellant Velji has been convicted for the offence under section 366 Penal Code and sentenced to three years' R.l.

(2.) The prosecution story as unfolded during the trial is that on 23rd Nov., 1978 at about 10 A.M., a report was lodged by the father of Smt. Dhuli, PW 1, that her daughter has been abducted by 12 persons named therein on 22.11.78 at 7 A.M. Mst. Dhuli was recovered by the police on 24.12.78. She was examined by Dr. Sushil Mehta, PW 11, on the same day. Twelve accused 1 persons were put to trial for the offences under sections 366, 376 and 147 IPC. The learned trial Judge convicted and sentenced the appellants as stated above.

(3.) Assailing the judgment, it is contended by Mr. Soni appearing for the appellants that the entire prosecution story is false and fabricated. It is submitted that no external injuries have been found on the body of the prosecutrix Mst. Dhuli, which clearly demonstrates that she never resisted the act of sexual intercourse and, therefore, the conviction for the offence under section 376 Penal Code is not sustainable. It is also submitted that the doctor has opined that Mst. Dhuli was about 16 years of age and, as such, giving margin of one year, the court ought to have considered that she was of sixteen years of age.