G. M. LODHA, J. - (1.) THE State of Rajasthan has filed this appeal against the judgment of Sessions Judge, Pali, by which the appeal of Saviya, the accused respondent was accepted and his conviction under sec. 376, Indian Penal Code, and sentence of four years' rigorous imprisonment with a fine of Rs. 200/- in default of payment of fine to six months' further rigorous imprisonment, ordered by the Assistant Sessions Judge, Sirohi, was set aside and the respondent accused was acquitted.
(2.) ON 27th September, 1971, an oral report was made by one, Gajja, at police station Barloot. According to this report, Champa d/o Gajja, aged 11 years, went to the Deldar Forest to fetch wood. The girl prosecutrix was accompanied by Uki. While collecting the wood, the accused-respondent-Saviya came there, felled her down, and committed rape on Mst Champa. Uki slipped away and informed of the incident to the father of Mst. Champa, who lodged a complaint to the police. In the complaint, it was mentioned that the father proceeded to the spot but was met by Joria and Mst. Champa on the way. Thereafter, the father of the girl made search of the accused respondent but could not trace him out and, therefore, now he had come to the police station to make a report of that incident. A case under Section 376, I. P. C. was registered and after usual investigation, a challan was submitted in the court of Munsiff Magistrate, Sirohi, who, after proceeding under S. 207a Cr. P. C, committed the respondent-accused to stand his trial in the court of the Addl. District & Sessions Judge, Sirohi, from where the case was transferred to the Assistant Sessions Judge, Sirohi. The respondent-accused did not plead guilty and, claimed trial. The Assistant Sessions Judge recorded the prosecution evidence and statement of the accused-respondent and one defence witness and, then, after hearing the arguments, convicted the respondent-accused, as mentioned above. An appeal was preferred by the respondent-accused in the court of Sessions Judge, Pali, who accepted the appeal of the respondent-accused and acquitted him of the charges levelled against him. Hence the present appeal.
(3.) IN this case, we have got direct evidence of Mst. Champa, the victim of rape, Mst. Uki, another girl who was accompanying her and Joria who came there during the course of the occurrence. Before we deal with this evidence, it would be necessary to consider the reasons given by the Appellate Court for setting aside the judgment of trial court of conviction and, acquitting the accused-respondent. The first reason is that, in the view of the Sessions Court, there was delay of 5 hours and it has not been specifically explained. In his opinion, it would have taken two hours to attend the girl and then to reach police station. According to the Appellate Court, searching of the respondent-accused was not necessary and the report should have been made directly. We are surprised that in a case of rape on minor girl of tender age and that too, in a village, the Appellate Court has held that the delay of five hours has not been explained. In the present society, and more particularly, in the conservative villagers, the chastity of a girl is of great importance for her matrimonial relations. It is not material, whether a girl becomes in-chaste on account of forcible sexual intercourse or, voluntarily. The society looks with apathy hatred and abhorrence unchaste girl and this includes the girl ravished by force. ;