Satya Prakash Pathak, J. - (1.) The present criminal leave to appeal under Section 378(1) & (3) Cr.RC. has been filed by the State against the judgment and order dated 31.1.2002 passed by learned Additional Sessions Judge (Fast Track) No. 2, Bundi, whereby the accused respondents have been acquitted for the offences punishable under Section 376/511 IPC.
(2.) Briefly stated, the facts of the case are that on 28.6.1998 at about 2.30 PM a written report Exhibit-P/1 was submitted by Kumari Sumitra Bai daughter of Rampal Bairwa in Police Station Diary stating inter alia therein that on 28.6.1998 at about 4.00 PM. in the evening, while she was looking after her field and was alone at the well, at that time accused respondents Hemraj and Ramavtar came there and they started cutting Khejari tree. It is further stated that she asked them not to cut the tree. Hearing this, they started, abusing her and thereafter accused Hemraj lifted her and laid on the ground and after sitting on her thighs lifted her Ghagara and pressed her breasts and tried to insert his penis into her vagina. She made hue and cry and on hearing her cry, her sister Mamata who was grazing cattle nearby came to the spot. On this, the accused respondents ran away. On this report, Exhibit-P/1, regular FIR Exhibit-P/7 was chalked out.
(3.) The investigation commenced and during the course of the investigation, Exhibit-P/2 Site Map was prepared in presence of Tejpal and Babulal on 30.6.1998. The prosecutrix was medically examined by PW 6 Dr. Mahesh Kumar Singhal on 28.6.1998. Two injuries were found on her person The injury report is as under: "Scratches (Nale mark) each of crecentive shaped sized 1/4" long over second right mammay gland just above areola gland and 3 marks on lower gland and of right mammay gland and 5 cm below areola. Simple blunt duration is 24 - 48 hours. No injury over wrist back or thigh. No injury over other part of the body. Injury over mammay gland is simple and sharp.";