BHANWAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal u/Section 374(2) Cr. P.C. is directed against the judgment and order dated 1-2-1996 whereby the learned Special Judge SC/ST (Prevention of Atrocities) Cases, Dausa held the appellants guilty of offence u/Section 376, IPC in Sessions Case No. 38 of 1995, State v. Bhanwar Singh and Another, convicted them as such a sentenced them to suffer R.I. for ten years and pay a fine of Rs. 500/- each. The relevant facts are these:

(2.) Bhanwar Singh and Ummed Singh alias Hukama appellants are stated to be drivers by profession and used to drive their jeeps in roads from Bandi Kui to villages including Guda Katla. Village Guda Katla situated about 9-10 Kms. away from Bandi Kui.

(3.) On April 4, 1995 Smt. Bharati finished her work in the Library of the Municipality Bandi Kui at about 7.00 or 7.30 p.m. and after having purchased vegetables for the family reached the Bus-Stand wherefrom jeeps used to carry the passengers to her village. There were about ten other passengers intending to go to their respective destination. At about 8.00 p.m. Hukma appellant brought his jeep at the Bus-Stand and gave a came the passengers going to village Guda Katla. Smt. Bhagwati Devi boarded the jeep. But before other passengers could have boarded his vehicle he started the jeep and moved the same at somewhat fast speed. When the jeep, with Smt. Bhagwati Devi in it, had run about 100 or 200 paces and Hukma lowered its speed at the railway crossing Bhanwar Singh appellant got into it. Smt. Bhagwati Devi tried to get down from the jeep but the appellants said to her that there were other passengers, going to Guda Kutla, at some distance ahead. But when no passenger was seen ahead, Smt. Bhagwati Devi again tried to get down from the jeep but she was not allowed to be so and Bhanwar Singh appellant caught hold of her. Hukma appellant increased the speed of the jeep while on the rear seat Bhanwar appellant continued to forcibly hold Smt. Bhagwati Devi. At about 7 or 8 kms. away from Bandi Kui the road going to village Guda Khera was left and the vehicle proceeded on the single road going to village Arania. When the jeep had run about two kilometres from the turning point the appellant stopped the vehicle in a desolate place and raped Smt. Bhagwati Devi one by one. When the appellants had just finished the sex acts with the lady the light of tractor, coming from the side of village Arniya was noticed by them. They left the place in their vehicle leaving Smt. Bhagwati Devi behind with a threatening to kill her if she reported the matter to the police or anybody else.