- (1.) Challenge in this appeal is to the judgment and order dated 11th June, 1986, whereby the learned Additional Sessions Judge, Gangapur City convicted the accused appellant Ramdhan in the offence under Section 376 of Indian Penal Code and sentenced him to rigorous imprisonment of four years and a fine of Rs. 400/-; in default of payment of fine, to suffer further rigorous imprisonment of four months.
(2.) The facts of the prosecution case, in nut shell, are thus: That on 4th August, 1984, the cow of complainant PW-3 Buddha went for grazing on a hill. The cow did not return to home, hence, at the early hours of 5th August, 1984, the complainant along-with his wife and brother went on a hill in search of their cow. Ali these three were searching the cow at different places, but not too far from each other. It is stated that the accused Ramdhan Gurjar also had come on the hill to graze his buffaloes. It is alleged that he suddenly caught hold of Rukmani and made her to lie on the ground. The accused forcibly ravished her. On hearing the screams of Rukmani, her husband and his brother rushed to the spot where they found that the accused had made Rukmani to lie on the ground and he was committing rape upon her. Having seen them, the accused fled from there after fulfilling his erotic sortie. The prosecutrix was in a floundered state. When the complainant and his wife were to go to police station for lodging the report, the accused threatened them and restrained from going to police station. On 7th August, 1984, the complainant Buddha Ram gave a written report Ex. P1 to Station House Officer, Police Station Garhmora, who lodged the FIR Ex. P-4 and commenced investigation. The Investigating Officer prepared site plan Ex. P-2, got the prosecutrix medically examined, recorded the statements of the witnesses under Section 161 of Cr. P. C., arrested the accused and got him also medically examined. After completion of investigation, the police filed charge sheet against the accused in the Court. The accused Ramdhan was indicated for the offence under Section 376 of Indian Penal Code, who pleaded not guilty and claimed to be tried. In order to further its version, the prosecution examined only five witnesses. On being asked to explain the circumstances appearing against him in the statements of witnesses under Section 313 of Cr. P. C., the accused claimed himself to be innocent and submitted that Laxman Sarpanch, on account of political rivalry, got a false case registered against him for the reason that his brother Kalyan and Laxman Sarpanch had contested the election of Sarpanch. On completion of trial, the Court convicted the accused appellant and sentenced him as indicated here-in-above.
(3.) Heard learned Counsel for the accused appellant, learned PP appearing for the State and carefully perused the relevant material on record.;