JUDGEMENT
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(1.)Appellant Dhoor Singh
stands convicted for offence punishable
under Section 366, IPC and sentence to R.I.
for five years with fine of Rs. 1000/-, in default whereof to R.1. for three months. He
has further been convicted for offence punishable
under Section 376(2)(f), IPC and sentenced to R.1. for ten years with fine of
Rs. 2000/-, in default whereof to R.I. for
one year, vide the impugned judgment
and order dated 26-5-2001 passed by Sessions Judge, Raisen in Sessions Trial
No. 128/2000.
(2.)The prosecution case in brief is that
on 22-6-2000, prosecutrix Dhanno alias
Dhanwati (PW-4) had gone to forest to collect Gullis. She was accompanied by
Saraswati alias Ghuttal (PW-3) and Bhuriya
Bai (PW-2). At about 2.30 p.m. when the
three girls were collecting Gullis, appellant
Dhoor Singh reached there. He was armed
with bow and arrows. He caught hold of the
prosecutrix. The prosecutrix pulled her
hands and tried to escape. The other girls
accompanying her also tried to escape but
the appellant did not allow the prosecutrix
to escape and again caught hold her hands.
The appellant threatened the prosecutrlx to
shoot her. Dhanwati was badly frightened
due to threats of the appellants. Appellant
took the prosecutrix to a hillock and committed rape on her. After commission of rape,
the appellant told the prosecutrix not to disclose anybody about the incident. He also
gave her an allurement of giving a watch of
Rs. 1,000/-, if she will refrain from informing other
persons about the incident. Appellant kept the prosecutrlx with him in the
forest till It was quite dark. Thereafter, he
threatened the prosecutrix that if she will
disclose the Incident to anyone, she will be
done to death.
(3.)Saraswatl Bai (PW-3) Immediately after the incident of kidnapping reached to the
house of the prosecutrlx and informed the
mother of the prosecutrix regarding the incident. Mother of the prosecutrix rushed to
the spot but the prosecutrix and the appellant were not found there. Thereupon, she
went to her husband Roop Singh (PW-1) who
was working in the forest and informed him
of the incident. The parents of the prosecutrix made a thorough
search of the prosecutrix in the forest but she could not be
traced. Therefore, they went to police station, Noorganj and lodged report, Ex. P-1.
They returned back at about 12 O'clock in
the night and found the prosecutrlx in their
house. Prosecutrix informed her parents
about the incident.
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