Khem Chand Sharma, J. - (1.) Appellants Durgalal and Suresh Kumar have filed this criminal appeal against the judgment and order dated November 26, 1998 passed by the learned Sessions Judge, Jhalawar, thereby convicting and sentencing both the appellants in the following manner:- Under Section 366 IPC Each to undergo rigorous imprisonment for 5 years with a fine of Rs. 5000/- each, in default thereof, each to further undergo simple imprisonment for one year. Under Section 376(2)(g) IPC Each to undergo rigorous imprisonment for 10 years with a fine of Rs. 5000/- each, in default thereof, each to further undergo simple imprisonment for one year.
(2.) Succinctly stated the contextual facts of the prosecution case are that on 17. Sangita Kumar (PW 1) aged around 14 years submitted a written report, Ex.P 1 at Police Station, Sunel with regard to the incident of rape alleged to have taken place at 4.30 PM. As per the report, on the day of incident at about 4.30 P.M. the prosecutrix went to draw water from the well. Soon she hanged the water pot tied with rope into the well, the accused appellants came there. Accused Durgalal shut her mouth, while accused Suresh caught her hands and thereafter both of them forcibly dragged her inside the house of Magan, which was stated to be vacant and was being used for keeping cattle. It was stated that accused Durgalal took out pistol from his pocket and handed it over to Suresh with the direction to open fire in case some body comes there. Suresh closed the door and guarded out side. Thereafter accused Durgalal caught hold of her, threw her on the ground and asked her to kill in case she raises cries. Later, Durgalal lifted her skirt, removed her underwear and forcibly committed sexual intercourse with her. After fulfilling sexual lust, accused Durgalal got up and while leaving the place he threatened the prosecutrix not to disclose the incident to any body, otherwise he will kill her. Thereafter, the prosecutrix put on her underwear and returned home. After a short while, when her mother returned home, she narrated the incident to her mother. As per the report, her father came at 7 PM, to whom her mother informed of the incident.
(3.) On the above written report, Police registered a case vide FIR, Ex.P2 and proceeded with the investigation.;