Sandeep Mehta, J. - (1.) The instant appeals have been preferred by the appellants being aggrieved of the judgment dated 24.7.2012 passed by the learned Sessions Judge, Chittorgarh in Sessions Case No. 64/2010 whereby, the appellants were convicted and sentenced as below:- JUDGEMENT_133_LAWS(RAJ)4_2016_1.html
(2.) Succinctly stated brief facts necessary for disposal of the instant appeal are noted herein below:- The complainant Sohanlal Bheel lodged an oral report at P.S. Chanderia on 30.1.2010 with the allegation that he had cultivated the land located near the Highway on the banks of Bedach river in the Village Mishron Ki Pipali belonging to one Radulal Khatik on share basis. The field is encumbered by a 4- 5 feet high boundary wall and a room and verandah are also constructed therein. Some permanent structure had also been raised on the well used for irrigating the field. In the night, he and one Ramesh Bheel r/o Karoi had gone to sleep on the parapet of the well. His son Kishan and both his wives Smt. S. & Smt. R. were sleeping inside the room. His wife Smt. D., his brother-in-law Amba Lal and his brother-in-law's wife Smt. K. were sleeping in the verandah outside the room. In the night at about 1 O' clock, six persons came to the well where he and Ramesh were sleeping. He was shaken awake and they inquired from him as to where the opium was hidden. He was searched. Both he and Ramesh were assaulted and were tied up and thrown into a ditch. The assailants were having freshly cut bamboo sticks with them. They went to the house and assaulted Ambalal, Smt. K. and Smt. D. Currency notes worth Rs. 18,000/- which were stored by Ambalal in a flour bin were looted. On hearing the commotion, his son Kishan opened the door and the assailants attacked him and his wives as well. They searched the house and came across a sum of Rs. 10,000/- concealed in an iron box and looted the same. Thereafter, three of the assailants forcibly dragged Smt. K, Smt. R and Smt. S to the wheat crop and raped them. The first informant suspected that the assailants belonged to the Kalbelia community and one person appeared to be a Rangaswamy. While going away, the assailants took away 2 mobile phones belonging to his son and a Kisan torch. After collecting all information from his family members, the complainant called Radhu Lal, the owner of the field. Radhu Lal directed them to go to the police station and accordingly, the first informant went to the police station and lodged the report with the above allegations. On the basis of this report, an FIR No. 30/2010 was registered at the Police Station Chanderiya for the offence under Sections 395, 376 and 323 IPC and investigation commenced. The accused persons were arrested and subjected to test identification at the hands of the relevant witnesses. The witnesses correctly identified the assailants. Pathological samples were collected from the sexually assaulted ladies as well as from the accused for D.N.A. comparison. A report was received from the concerned laboratory corroborating the factum of rape committed by the accused on the 3 ladies. During the course of investigation, the looted mobile phones were recovered at the instance of accused appellant Madhu and Kisan torch was recovered at the instance of accused appellant Bopariya. After investigation, a charge-sheet was filed against the accused for the offences under Sections 147, 149, 458, 452, 395, 323, 450, 365 and 376(g) IPC.
(3.) The trial Court framed charges against the accused for the offences under Sections 147, 450, 395 and 376 IPC and in the alternative under Sections 376/149 and 323 IPC. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 29 witnesses in support of its case and exhibited 107 documents. The accused, in their statements under Section 313 Cr.P.C. denied the prosecution allegations but did not chose to lead any defence. The learned trial Judge at the conclusion of the trial proceeded to convict and sentence the accused as above by judgment dated 24.7.2012, being aggrieved whereby, the appellants have preferred the above appeals.;