- (1.) This criminal appeal by appellant Jawahari Lal arises out of the judgment and order dated 18-9 1984 passed by the learned Sessions Judge, Kota, by which the learned Judge has convicted the appellant for offence under Sections 376 IPC and sentenced him to undergo rigorous imprisonment for 5 years.
(2.) On 14-3-1982 at 5.00 p.m. P.W.4 Mst. Lad Kanwar along with her brother Bala went to Police Station Budha-deet (Kota) and lodged oral report, thereby informing the police that at about 12.00 noon she had gone to her field to collect foddar. While she was busy in making a bundle of grarn crop, all of a sudden, one Babu and appellant Jawahari came there from the field of Chhitar Bhadaria, caught hold of her and made her to fall on the ground and thereafter appellant committed rape on her. She raised an alarm but there was none to hear her cries. According to her, Babu also committed rape on her. She alleged that she sustained abrasions on her breasts and her bangles had also broken. After committing rape, both the accused ran towards canal. Lastly, she alleged that one Panraj met her while she was returning her home. Having reached home, she disclosed the incident to her brother and thereafter she and her brother informed the police and lodged the oral report. On the above oral report, the police registered a case for offence under Sec. 376, IPC vide FIR, Ext. P6 and proceeded with the investigation.
(3.) In the course of investigation, site plan, Ex. P8 is prepared, Ghaghari and blouse of the prosecutrix were seized vide Ex. P9 and broken pieces of bangles were also seized vide memo Ex. P. 12. The appellant was arrested on 30-5-1982 and his underwear was seized on 30-5-1982. The clothes of accused and prosecutrix were sent to Forensic Science Laboratory. The prosecutrix was subjected to medical examination on 15-3-1982.;