MAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of the judgment of learned Addl. Sessions Judge No. 2, Jaipur City dated 30th March, 1981. Learned District Judge convicted the appellant Under Section 366, in Sessions Case No 94/80 and sentenced both the accused to undergo rigorous imprisonment for three years and a fine of Rs. 500/ -. In default of payment of fine, it was further directed that both the accused will undergo six months rigorous imprisonment.

(2.) BRIEF facts of the case, as alleged by the prosecution are that on 30th August, 1980, about 12 in noon, accused appellant Mal Singh went at the house of prosecutrix and committed rape. It is an admitted position that no first information report about the commission of the rape has been lodged separately. It is further alleged that at about 8 to 9 p.m. in night, when prosecutrix Sarju and her mother were sitting outside the house, both the accused lifted prosecutrix Sarju and took her away. First Information Report Under Section 366 was lodged at the police station Jothwara at 11.30 p.m. on the same day by Smt. Manoo, the mother of the prosecutrix. In this first information report Ex. P. 5, also there is no reference about the incident of rape when the prosecution has come with a specific case that Smt. Munni after hearing the cry reached her house. It is also alleged that the prosecutrix informed Smt. Munni about the commission of rape.

(3.) LEARNED counsel for the appellant argued both the cases simultaneously but it was pointed out that evidence of one case cannot be read in another case and as such both the cases were heard separately.