TOTLA, J. - (1.) Challenged is appellant's conviction and awarded sentence of five years and fine Rs. 100/- for the offence of Section 376 IPC per judgment dated 31.8.89 in Sessions Case No. 3/89 before the Court of Addl.Sessions Judge Jaisalmer.
(2.) Alleged brief facts per prosecution are that on 8.3.89, one Shri Bharat coming with his wife and two foreign national female at police station Sam informed that with them were three women foreigners- of them one who went for camel ride with Bhopa has not come back-making entry No. 89 of this information in Roznamcha Ex. P. 13. Head Constable Iswar Singh PW/5 and Constable Satnam Singh proceeded for search. At around 9:15 these constables alongwith Shri Bharat and three foreign women and hotelier Prithvi Raj PW/4 arrived at P.S. and Ms V PW/2 lodged FIR Ex.P/1 which is like this:- "To SHO Police Station Sam District Jaisalmer (Rajasthan) The camel ride started at 5.30 PM from 5 AM to sand-dunes the two camels separated and took different routes. He started to say thout "make me happy" I said "No" of course. He took me far away by saying "Oh, the Let's gazelle said me followed it?" Finally he stopped 'the camel and it lay down. He said " I wont take you back until you make me happy." He said this many times. I made many objections, started to cry, 1 said 1 would walk back but he said that the taxi would have left already. I asked which direction to walk and he pointed in the wrong direction clearly. He took the blanket from the camel and laid it out. It should probably still be wet. He pushed me down, held my hands back in said he would make me pregnant he said he wont make it outside of me, not in side. He forcefully raped me. At first he couldn't but then he put some spit on me. He wiped himself and forcefully wiped me. Afterwards he brought me back on the cemel. He said his name was Bhopa (Muslim) and no one goes against him. He said keep quiet and go back to Jaisalmer. He returned at 8:45 PM. My friend Janet and Cariang O'Reilly Mary Jeanings, Arne Jening;s. Bharat Dave (India) and Prithviraj were waiting Prithviraj called the Police and got a call for the man. Sd/- Parithvi Raj Sd/- 8.3.89 Hotel Sir Narayan Vilas (Vibeke Knudsen) Vibeke Kundesen From Denmark Cederavaenget of 9000 AAA Borg (City Name) Janet Hinde 115, Bramhau Lane South Bramhall Stoct Port Cheshire."
(3.) On above report presented by Ms. V also are signatures of Ms. J PW/1 and hotelier Prithvi Raj PW/4. Per endorsement of SHO PW/8 on report Ex.P/1 for registering case prosecutrix Ms. V stating that around 8 PM, Bhopa forcibly did rape her who is brought along by policemen. Making Roznamcha entry No. 189 Ex. P/14 of returning of constables as above, on the basis of report Ex. P/1, FIR No. 8/89 Ex. P/8 registered for the offence of Section 376 IPC. SHO PW/8 initiated investigating on very day obtaining underwear of Ms V seized and sealed it making B on packet and preparing memo Ex. P/2. Appellant accused arrested at 10 PM vide memo preparing memo Ex. P/2. Appellant accused arrested at 10 PM vide memo Ex. P/12 and his worn underwear alongwith pant like pyjama- also seized and sealed preparing memo Ex. P/10 and packet marked as A. The blanket (Razai) having some semen like stains seized and sealed preparing memo Ex. P/3 and packet marked as C. Around 0030 AM (midnight of 8 & 9th) prosecutrix medically examined by PW/3 Dr. Chandrashekhar and reports prepared are Ex. P/4 and Ex. P/5- accused also examined around 1:15 AM, report "being Ex. P/9. Samples of vaginal smear and pubic hair of Ms. V taken and sealed at the time of examination and similarly prepared slides from glands of penis of accused examining him also forwarded by Medical officer to chemical examiner through SHO vide respective memos Ex. P/6 & P/8.;