BYAS,J. - (1.) The learned Sessions Judge, Merta, by his judgment dt. April 14, 1975 acquitted accused Dhania (aged about 17 years) of the offences punishable under S. 354 and 376 of the Penal Code. The State has come-up in appeal and challenges the acquittal.
(2.) Put briefly, the prosecution case is that in the noon of Feb. 22, 1974, P.W. 4 Mst. Shanti (aged about 12 years) and her brother Omiya (PW 7), aged about 8 years, were grazing their live-stock in the field of one Dayram Meghwal situate nearly three miles from their village Panchari (district Nagaur). The field of the accused is situate nearby. The accused came to Mst. Shanti, caught her hands and pulled her down. He was wearing a Dhoti which he then put off. The girl was wearing an under-wear. The accused forcibly pulled the waist-cord of the underwear. The cord gave way. The accused then stripped the girl and set over her naked thighs. He then forcibly ravished her. The girl tried to resist and the accused gave a fist-blow on her mouth. Omiya (PW 7), who was standing nearby, raised cries. He got frightened and took to heels. A little distance away, PW 1 Ramuram met him. Omiya asked him for help. Ramuram went to the place of incident and separated the accused from the girl. Gangaram (P.W. 9) also happened to pass that way. He and Ramuram helped the girl to wear her underwear. They brought her to her house. Gangaram narrated the incident to the girl's father Jassa Ram (P.W. 8). Jassa Ram went to police station, Panchari and verbally lodged report Ex. P. 10, of the occurrence at about 9.00 p.m. on the same day. The police registered a case and proceeded with investigation. The bloodstained underwear of the girl was seized and sealed. The accused was arrested on Feb. 23, 1974. He was wearing a Dhoti at that time which had stains of blood. His Dhoti was seized and sealed. The accused was medically examined and he was found potent to commit sexual intercourse. The medical examination of the victim Mst. Shanti was conducted on Feb. 23, 1974 by the Medical Jurist Dr. P. R. Joshi (P.W. 2). He found the following injuries : - "4. 1. Bruise 2" X 1/2" below and inner side of upper lip. 2. Bruise on both eye lids and also sub-conjunctival haemorrhage in both eyes. 5. Genitals were normally developed. Her hymen was lacerated at 4. O'clock and 9. O'clock positions and there was laceration of perineum at 6 O'clock position-size of the laceration was 1" X " X " deep at the lowest level. (6) The vaginal discharge was blood stained and there was irregular bruise over 3" X 4" area on right scapular region. (7) The duration of these injuries was about 24 hours as there were reddish bruises and clotted blood on the wounds." The report prepared by him is Ex. P. 2. On X ray examination of the occification of the girl, her age was found near-about twelve years. The report of the age is Ex. P. 3. It was issued by Dr. Joshi. Dr. Joshi also took vaginal swab and sent it for chemical analysis. The underwear of the girl and the Dhoti of the accused were sent for chemical examination. Human-blood was found on both of them, but were negative for semen and spermatozoa. On the completion of investigation, the police submitted a challan against the accused in the Court of Munsif and Judicial Magistrate, Nagaur, who, in his turn, committed the case for trial to the Court of Session. The learned Sessions Judge framed charges under 354 and 376, I.P.C. against the accused, to which he pleaded not guilty and demanded the trial. In support of its case, the prosecution examined eleven witnesses and filed some documents. In defence, the accused adduced no evidence. In his statement recorded under S. 313, Cr. P.C., the accused admitted the presence of Mst. Shanti in his field and stated that she illegally started collecting fire-wood from his field. He forbade her to do so but she paid no heed. Thereupon he gave a fist-blow on her mouth. There were stumps of Bazra in his field. The girl fell on one of the stumps with her face downward. She thus sustained injury on her private parts with the stump of the Bazra. On the conclusion of trial, the learned Sessions Judge found that the explanation given by the accused was rational, plausible and acceptable. He also took certain other matters into consideration, like the delay in lodging the First Information Report and various discrepancies in the statement of the prosecutrix etc. and found that the offence of rape or indecent assault did not stand satisfactorily proved against the accused. The accused was consequently acquitted of the offences he was charged with. The State, by leave, has come up in appeal and challenges the acquittal of the accused.
(3.) We have heard the learned Public Prosecutor and Mr. P. R. Chaudhary the learned counsel for the accused. We have also gone through the case file carefully.;