KHEM CHAND SHARMA, J. - (1.) THIS case is one of the glaring examples of sexual exploitation of a teenaged helpless village girl below 16 years of age by able bodied youth.
(2.) THESE four appeals by the accused appellants are directed against the judgment and order dated 15.4.1998, by which the learned Additional Sessions Judge (Special Judge, Women Atrocities and Dowry Cases) has convicted and sentenced the accused appellants in the following manner: I. Accused appellants Ramjilal, Kanhaiyalal, Hemraj and Radhey Shyam - under Sections 376 and 376/120 -B IPC: Each to undergo 7 years RI with a fine of Rs. 500/ -. in default of payment of fine, to further undergo 3 months RI on the first count and on the other count, to undergo 7 years RI with fine of Rs. 500/ -, in default thereof, to further undergo 3 months R.I. II. Accused appellants Radhey Shyam and Ram Kishan - under Section 292 IPC: Each to undergo one year RI with a fine of Rs. 500/ - each, in default thereof, to further undergo 3 months RI. The sentences were to run concurrently. According to the prosecution, PW -4 Kumari Manju lodged a written report Ex.P.10 at Police Station Fagi (Jaipur) on 24.10.1996 alleging therein that Radhey Shyam @ Raju, Ramji Lal Bairwa, Kanhaiyalal and Hemraj have been committing rape on her for last number of days. These persons told her brother Kamlesh @ Kalu to call her and on her refusal to go, these persons gave beating to Kamlesh and because of their fear, he left for Jaipur. The persons are still behind her and they are bent upon to lower down her prestige on her refusal to accede to their desire. She further alleged that these persons with the help of her photographs with Radhey Shyam are trying to blackmail her and used to threaten her that in case of her refusal to fulfill their sexual lust they will make her photographs public and will defame her. She felt endanger of her family members by the accused persons and that they have been harassing her for last one year. Having compelled, she narrated the happening to her father Kishan Lal and maternal uncles Shri Ram Chandra, Shri Ram Narain and Shri Ramlal and took them to the police station for lodging the report.
(3.) ON the basis of above report, police registered a case against the accused persons for offence under Sections 376, 341, 323, 384, 292 and 120 -B IPC vide FIR No. 297/1996, Ex.P.11 and proceeded to investigate the case.;