CHITTAR AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the judgment dated 9th Oct., 1987, passed by the learned Additional Sessions Judge, Baran, Distt. Kota, in Sessions Case No. 132/1985, whereby learn d Addl. Sessions Judge, convicted and sentenced the accused appellants as under:- <FRM>JUDGEMENT_74_LAWS(RAJ)5_19881.html</FRM> Accused Tufan has been aquitted by the learned Addl Sessions Judge.

(2.) The prosecution story in brief is stated in the first information report Ex I P 12, lodged by the prosecutrix, P.W.7, Smt. Kamla, that on the intervening night of 30th Sept. & 1st Oct. 1985, she was going with accused Mangilal, to see Tojaji ka-khal at Chhabra. She was sitting on the back scat of cycle which was driven by Mangilal. She has further stated that on the other cycle which was driven by Chhitar his sister Dhapu and his wife were sitting and the other third cycle was driven by one Tufan, She has further stated that Mangilal, took her in a nala Accused Chhitar also came there and he committed rape with her She has further stated that Tufan also came there and he set on her breast. She further states that she become un-conscious. She was taken from the place of occurrence by some one. She further states that she has come to lodge the F.I.R. after arrival of her brother-in-law Sheonath. She is 20 years old married lady.

(3.) On the basis of the F.I.R. investigation was started. Dr. Tiwari, Asslt, Chemical Examiner, examined the cloths of the prosecutrix which were forwarded by the police. On examination of the 'ghaghra it was found stained with semen. She was examined by the medical jurist on 2nd Oct., 1985, at 9.30 p.m. The Doctor Mahtndra P.W. 9 has opined that sexual intercourse has been committed forcefully with the prosecutrix She is a married lady and is habitual of sexual intercourse. The duration of injuries was show as 24 to 48 hours.