- (1.) Heard the learned Public Prosecutor and the learned Counsel for the respondent.
(2.) This appeal is directed against the judgment dated 26th March, 1981 passed by the learned Sessions Judge, Merta in Sessions Case No. 44/80 State v. Chathu Ram. By the aforesaid judgment the accused respondent Chathu Ram was acquitted of the charges under Section 341 and 376, I.P.C.
(3.) The facts of the case may be summarised as below :- On 6th October, 1977 Moolchand submitted the First Information Report Ex. P/1 at the Police Station, Makarana and stated therein that his daughter Smt. Chothudi was married to Puranmal resident of Ladpur and on the date of occurrence Puranmal had gone to Deedwana, where a fair of animals was held and in his absence on 5th October, 1977 at about 11 a.m. Smt. Chothudi started from her house with Santu D/o Surajmal to go to her field. When she was passing through the field of Badrinarain, she was stopped by Chathu Ram s/o Roogharam. Her daughter Smt. Chthudi and Santu raised hue and cry, but Chathuram forcibly committed rape on Smt. Chothudi. On hearing the hue and cry raised by Santu and Chothudi, Chhaganlal and Suvalal, who were working in the neighbourhood rushed to the place of occurrence. They challenged the accused and thereafter the accused got up and threatened Suvalal and Chhaganlal with death and went to his Dhani. According to the First Information Report Moolchand came to know about the incident in the evening of 5th October, 1977. Thereafter, he went to Ladpura where his daughter Smt. Chothudi, Chhaganlal and Suvalal told him about the incident. Since, Puranmal, the husband of Smt. Chothudi was out of station, the First Information Report was lodged by Moolchand. ;