CHIRAG KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 10-12-1996 passed by the learned Addl. Sessions Judge No. 1, Bhilwara whereby the accused-appellant Chirag Khan has been held guilty of the offence under S. 376, IPC and has been sentenced to 7 years' rigorous imprisonment together with a fine of Rs. 500/- and in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) The incident is alleged to have occurred on 9-12-1994. It is alleged that P.W. 1 Mst. Lali had gone to the well of Balai's at about 10.00 a.m. in order to collect Thapariya. The agricultural land of the accused is situated nearby. The accused called her in order to lift the bundle of wood. Mst. Lali went to the accused but did not see any such bundle. She, therefore, asked the accused as to where the bundle was. Thereupon, the accused asked her to proceed further but she saw no such bundle anywhere. When she tried to return back, the accused pulled her and felled her down in a pit and committed rape on her after gagging her mouth by putting his own hand over her mouth. The accused then left the place of the occurrence after threatening her that if she disclosed this fact to anybody, he would kill her. Thereafter, Mst. Lali collected the wood and came to her house. She told about this incident to her sister Chandu (P.W. 6). Both the sisters then went to their mother P.W. 3, Sajjani and narrated the whole incident to her. Since on that day, there was a community dinner, her mother did not disclose this incident to anybody.

(3.) Thereafter, the First Information Report was lodged by Mst. Lali at Police Station, Shahpura, Bhilwara on 10-12-1994 at about 5-15 p.m. The Police registered a case under Ss. 376 and 354, IPC and started investigation. The site was inspected. The prosecutrix produced her Ghaghra, which was seized vide Memo Ex. P. 3. The Investigating Officer also got examined the accused and the prosecutrix by P.W. 7 Dr. Gyan Prakash. According to the Medical Officer, the age of the prosecutrix was between 19 to 21 years and he did not find any external injuries caused except an abrasion of the size of 1" x 2" at right cheek just below the angle of mouth. He did not find any further indication of rape.