PRABHU LAL Vs. UTTAM CHAND

JUDGEMENT

(1.) THIS revision has been filed against the order of the learned Addl. Sessions Judge, Chittorgarh dated 8 -11 -1985, by the complainant Prabhulal, whereby the learned Judge has acquitted the accused Uttamchand of the offence under Section 376 IPC.

(2.) THE facts of the case briefly stated are: that on 612 -1982, the complainant Prabhulal filed a complaint in the Court of learned Munsif and Judicial Magistrate, Kapasan that on 5 -2 -1982 the prosecutrix Mst. Premi wife of Tulsiram and daughter -in law of complainant, Prabhulal went to her field to to collect cow dung. While she was picking cow -dung, it is alleged that accused Uttamchand who is neighbour of his field caught hold of her forcibly and committed rape with her. The occurrence was witnessed by her brother -in -law Ratanlal, who called Mst. Kamli. At that time, Mst. Kamli was working in the field nearby. It is alleged that as soon as Mst Kamli came there, the accused ran -away from the place of the occurrence Mst. Premi Mst. Kamli and Ratanlal then started looking after the crop standing in their field because in those days, the parrots used to damage the crop and therefore, they prayed there to score away the parrots from the standing crop. In the evening, when they came to their house, they informed about it to Prabhulal's wife. How ever though the police station is situated in the town of Kapasan, no complaint was made to the police about this incident on that day. It is alleged that on the next day, they went to the Police Station and found accused Uttam Chand sitting there and so, they filed the complaint in the Court.

(3.) AFTER usual investigation, the case was challaned in the court of the learned Munsif and Judicial Magistrate, Kapasan from where, it was committed for trial to the court of learned Sessions Judge, Pratapgarh. The trial was conducted by the learned Sessions Judge. Pratapgarh but ultimately, this case to be decided by the learned Addl. Sessions Judge, Chittorgarh vide his aforesaid judgment.