M.L. Jain, J. - (1.) These two appeals filed by accused Ganga Ram are directed against the judgment and order of conviction passed by the learned Sessions Judge, Balotra, on October 17, 1973, for an offence under section 377 Indian Penal Code One of the appeals is from Jail, while the other one is through a counsel. Both are being disposed of by this judgment.
(2.) The facts of this case are that accused Ganga Ram Meghwal of Barmer used to repair shoes of complainant Chaturbhuj aged 17 years, who was a Higher Secondary student in Barmer. On November 12, 1972 or near about, he told Chaturbhuj that his shoes were lying repaired in his house and asked Chaturbhuj to come along with him. When Chaturbhuj went with him in the room, the accused bolted the door from inside and committed carnal intercourse with him against the order of nature. He continued to indulge in this activity by advancing threats to the victim often and on. He even extracted cash from the boy and also made him steal ornaments from his house. On one occasion, he was seen by Hari Ram who used to live with Ganga Ram in the same room. He also carried the boy to some Guru who gave a potion so that the victim always remained under the hold of the accused. The whole thing was discovered when one gold ornament was found missing by the father of Chaturbhuj and On enquiries, the boy told that he had given the ornament to Ganga Ram. The matter was reported to the police and it was there that the boy related all what Ganga Ram had been doing to him.
(3.) Upon medical examination, it was found that Ganga Ram and Chaturbhuj were suffering from syphilis and that the boy was habituated to anal intercourse and there was candy lomatous growth ground about the anus, a sign of syphilis. The medical officer Harak Raj Mathur PW 1 deposed that Ganga Ram could be the person who committed sodomy on Chaturbhuj.;