MAHESH BHAGWATI, J. - (1.) THE challenge in this appeal is to the judgment dated 23rd July, 1985 rendered by the learned Sessions Judge, Kota whereby the accused -respondents Balram and Nand Kishore have been acquitted of the offence under Section 376 of IPC
(2.) THE prosecution version as unfolded during trial is as under: That on 12th June, 1984 at about 2:00 p.m., the prosecutrix was taking care of the vegetables grown in her field situated in village Jithani. The prosecutrix is said to be deaf and dumb. It is alleged that the accused -respondents Balram and Nand Kishore came there and having found the prosecutrix alone on the well, they forcibly ravished, her. PW -2 Dhuli Lal who was in his own field juxtaposed to the field of the prosecutrix, having heard her screams ran to the well. It is stated that both the accused -respondents having seen him fled from there. The father of, the prosecutrix was not in the village, on the day of occurrence, hence, one Gopal took the prosecutrix to the police station Sangore where she filed written report Ex.P/1 whereupon the FIR was lodged and investigation commenced. The Investigating Officer recorded the statements of the witnesses acquainted with the facts and circumstances of the case, got. the prosecutrix medically examined so as to ascertain her age and the commission of the offence of rape, prepared the site plan Ex.P/8, seized the underwear of the accused -respondents Balram and Nand Kishore vide memo Ex.P/9 and 10 respectively, seized one ghaghara, one blouze and one Lungari of the prosecutrix vide memo Ex.P/11, obtained the FSL report Ex.P/12 and 13 and after usual investigation sent both the accused persons for trial to the Court.
(3.) THE accused respondents Balram and Nand Kishore were indicted for the offence under Section 376 of IPC, who pleaded not guilty and claimed trial. In order to further its version, the prosecution examined in all eight witnesses. The accused persons also put DW -1 Ramdayal in defence. In their explanation under Section 313 of Cr.P.C. both the accused claimed innocence.;