DOONGARSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Additional Sessions Judge No. 1, Jodhpur (Camp Jaisalmer) dated 23-4-1982 passed in Sessions Case No. 38/81. The appellant, who was working in the Military Engineering Service, at the relevant time was posted at Jaisalmer, has been convicted under Section 376, I.P.C. He has been sentenced to 3 years rigorous imprisonment with a fine of Rs. 100/- and in default to further undergo 3 months rigorous imprisonment.

(2.) Briefly stated, the facts of the case are that on 6-5-1981 at about 5 p.m. the prosecutrix Smt. Shanti Devi wife of Ramchandra aged 50 years, who was serving as a maid servant in the Air Force School, appeared before the police and stated that at about 1 p.m. while she was going to her house from the school, she was intercepted by the accused in her way. He was under the influence of liquor. He caught hold of her and took her to a distance of about 300 yards towards the water channel where he committed rape on her. After the rape she went to her house where her husband Ramchandra met her. She reported the matter to Ramchandra and thereupon she went to the police station and made the report.

(3.) After usual investigation, a challan was present and trial was held. The prosecution examined the prosecutrix Smt. Shanti Devi. She deposed about the forcible rape on her by the accused. She also proved that she sustained injuries on the back and bite marks on the cheeks. She also produced her torn petticoat and other articles. The accused was not immediately apprehended as he has made himself scarce and could be arrested after a considerable period. His absence has been recorded in the M.E.S. record. The accused appellant has cross-examined her and nothing substantial has been elucidated from her statement in cross-examination.