K.S. Lodha, J. - (1.) Two accused-appellants Bhera Ram and Rati Ram have been convicted under section 376 I.P.C. and sentenced to 10 years R.I. and a fine of Rs. 2000/- each by the learned Sessions Judge, Churu by his judgment dated 10.7.85. In default of payment of fine they have been further directed to undergo six months R.I. and it has also been directed that the entire amount of the fine shall be paid to the prosecutrix.
(2.) The prosecution story briefly stated is that on 25.1 84, Smt. Kamla had gone to fields to collect cow-dung and fire wood at about 11.30 a.m. When she was so collecting the cow-dung, the two accused persons came there and forcibly caught hold of her, they felled her down and had sexual intercourse with her one after the other without her consent and against her will. She tried to raise hue and cry, whereupon Tola Ram who was in the neighbouring fields reached the spot and on seeing him the accused fled away. Smt. Kamla was then brought to her house. Her father and brother were not in the village on that day. Her brother returned at about eight in the night and when he was informed of this incident by Smt. Kamla he lodged a first information report of this incident at police station Sardarshahar at 11.30 p.m. The police station is said to be six miles away from the place of the incident which was in the village Jivan Desari. The police started investigations. Smt. Kamla was got medically examined. The accused persons were arrested and they were also got medically examined. The petticoat of Smt. Kamla and the underwears of both the accused were also taken possession of by the police and sent for chemical examination. After completion of the investigation the police put up a challan for offence under section 376 I.P.C. against both the accused persons and they were committed to the court of Sessions, Churu Charges under section 376 I.P.C. were framed against both the accused persons. They pleaded not guilty and claimed to be tried. The learned Sessions Judge, thereupon examined the prosecution evidence in which nine witnesses including the doctor and the Investigating Officer were produced. Thereafter, the accused were also examined under section 313 Cr.P.C. They denied the prosecution story and alleged that they had wrongly been implicated on account of previous enmity with Ram Karan. They examined two witnesses in their defence showing that there was some altercation between the accused and Smt. Kamla when she was wrongly collecting the fire wood from the field of Chuna Ram Mala Ram asked her not to take wood from his field and, therefore, they have falsely been implicated. The learned Sessions Judge believed the prosecution story and convicted and sentenced the accused persons as aforesaid.
(3.) I have heard the learned counsel for the appellants and the learned P. P. and have gone through the record of the case.;