VYAS, J. - (1.) THIS appeal is directed against the judgment dated 1. 10. 2002 passed by the Additional Sessions Judge, Women Atrocities Cases, Bhilwara, whereby, accused - appellant Narain @ Naran has been convicted and sentenced under Section 376 IPC, to ten years rigorous imprisonment and a fine of Rs. 1000/- in default of payment of fine to further undergo three months' rigorous imprisonment and under Section 392, IPC, ten years' rigorous imprisonment and a fine of Rs. 1000/-, in default of payment of fine to further under three months' rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) THE prosecution story, in nutshell, is that on 25. 08. 99, Smt. Chandi W/o Shri Chhagan lal lodged a written report (Ex. P-4) with the Police Station, Kotri, District - Bhilwara to the effect that on 24. 8. 99, while she was selling chilli at village Singhji- ka-Khera, at around 7 - 7. 30 p. m. , accused Narain Gujar came to her with a Tractor and Trolley and told her that his brother (accused's brother) had a shop in the village and he will get her chilli sold at the shop of his brother. Upon this, two bags of chilli, which she (the prosecutrix) was having, were loaded on his (accused's) tractor. She also boarded the tractor of the accused. THE accused took he said tractor to the jungle and when the night started to approach, he stopped his tractor near a `naari' and `babul' trees and, on the pretest of urinating, he got down from the tractor. THEreafter, he fell down a bag (`bori') of chilli from the trolley of the tractor. THE accused also pulled the prosecutrix forcibly by hand and felled her down beneath the trolley of the tractor and committed rape with her. When she started to raise hue and cry, the accused pressed her mouth by his hands. THEreafter, the accused loaded the chilli bag (`bori') in the tractor and made her to sit on the tractor and took the tractor hither and thither. THEn he took the tractor to Seriya (a place), where both sides, `thor' trees were grown up. THE accused again unloaded the chilli bag (`bori') and felled her down and committed rape (intercourse) with her. When she started to raise hue and cry, her mouth was shut down by the accused. THEn he again loaded the chilli bag (`bori') and the prosecutrix in the tractor and went towards Chhapar. At Chhapar, he stopped the tractor, pulled her from the tractor and revished her. Lastly, he accused took the tractor along with prosecutrix near a pond (`taalab') and threatened to throw her in the pond and snatched from her forcibly gold tops and a sum of Rs. 1,000/- and, thereafter, the accused ran away from the scene of the occurrence along with the tractor. THEn the prosecutrix reached village Aakoria and knocked the door of a house and took shelter for night there and revealed the incident to a lady, Smt. Tejkanwar. Lastly, it is alleged in the complaint that the rape has been committed by the accused with the prosecutrix thrice and a sum of Rs. 1,000/- and gold tops have also been snatched by him forcibly, so, strict action may be taken against the accused. On the basis of the aforesaid report, as case under Sections 366, 376 and 392 IPC, was registered against the accused vide FIR Ex. P-5 and the investigation commenced. During the course of investigation, site was inspected and site-plan was drawn, the prosecutrix was got medically examined and her medical examination report (Ex. P-1) was obtained, the accused was arrested vide Ex. P-2 and he was also got medically examined and his medical examination report (Ex. P-2) was obtained, statements of witnesses, including the statement of Smt. Tejkanwar (Ex. P-11), were recorded, on the basis of the information (Ex. P-13) furnished by the accused under Section 27 of the Evidence Act, a sum of Rs. 460/- were recovered from his possession. The accused disclosed during the course of investigation that out of Rs. 1000/-, he has incurred Rs. 540/- and the remaining amount (Rs. 460/-) is lying in his pocket, which was seized and seizure memo (Ex. P-9) was prepared. Ghaghra of the prosecutrix was seized and sealed vide Ex. P-8 after the spots of semen on the Ghaghra were marked A, B and C. the seized and sealed articles were sent to the Forensic Science Laboratory through S. P. Office, Bhilwara and FSL report Ex. P-18 was received therefrom. After completion of investigation, the police filed a challan against the accused under Section 376 and 392, IPC, in the Court of the Judicial Magistrate, Kotdi, who committed the case to the Court of the Additional Sessions Judge, Women Atrocities Cases, Bhilwara. After hearing both the learned counsel for he parties, charges under Sections 376 and 392 IPC, were framed against the accused. The same were read over to him. He pleaded not guilty and claimed trial.
(3.) THE prosecution examined 12 witnesses (P. W. 1 to P. W. 12) and produced 18 documents (Exs. P1 to P-18 ). THE accused examined to witness in defence. In the explanation recorded under Section 313 Cr. P. C. , the accused stated that he is innocent and due to enmity with Ramkunwar Jat, Sarpanch, he has been falsely implicated. After hearing the final submissions of both he learned counsel for the parties, the learned trial Judge convicted and sentenced the accused-appellant vide judgment dated 01. 10. 2002, as indicated above. Being aggrieved by the judgment dated 01. 10. 2002, the accused-appellant has preferred the instant appeal. ;