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1990 DIGILAW 168 (RAJ)

BHIMLA v. STATE OF RAJASTHAN

1990-02-26

SOBHAG MAL JAIN

body1990
Judgment SOBHAG MAL JAM, J. ( 1 ) THIS appeal is directed against the judgment dated July 7, 1988, of the Sessions Judge, Balotra, convicting and sentencing the appellant for the offence under section 376, I. P. C. to 7 years Rigorous Imprisonment and a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment [or one month. ( 2 ) THE victim of the offence is Mst. Kesi, aged about 12, years. According to the prosecution, on July 10, 1987, at about. 10. 00 a. m. , she was grazing cattle out-side village Nakora, where the accused came to her, dropped her on the ground and committed rape upon her. Her cries attracted Smt. Jamna, who dis-entangled her from the clutches of the accused. Mst. Kesi narrated the incident to her father Ratna Ram, who lodged the First Information Report the (Sic) district Barmer, on which a case under section 376, LP. C. was registered. The accused was arrested the same day. Mst. Kesi was sent for medical examination to the Government Mahata Hospital, Balotra. The doctor estimated the age of Mst. Kesi, between 10-12 years. He found five injuries on her body. Her hymen was found ruptured. There was clotted blood in the vagina. There was tenderness and pain. The doctor opined that forced intercourse had been committed with her. After investigation, the accused was challaned in the Court of Munsif and Judicial Magistrate, First Class, Balotra, who committed him to the Court of Sessions for trial for the offence under section 376, I. P. C. ( 3 ) AFTER trial the learned Sessions Judge has convicted and sentenced the accused as aforesaid. Dissatisfied, the accused has filed the present appeal ( 4 ) I have heard Shri Rajendra Singh Rathore, counsel for the accused and Smt. Chandralekha, Public Prosecutor for the State. ( 5 ) THE case of the prosecution stands established by the evidence of Mst. Kesi, the victim of the offence. She has stated that when she was grazing cattle out-side village Nakora, the accused came there, dropped her on the ground and committed rape upon her. There is enough evidence to prove that she was about 12 years of age when the occurrence took place. Her evidence finds corroboration from the statement of Smt. Jamna, who reached the spot on hearing her cries. There is enough evidence to prove that she was about 12 years of age when the occurrence took place. Her evidence finds corroboration from the statement of Smt. Jamna, who reached the spot on hearing her cries. Smt. Jamna has deposed that she saw the accused committing intercourse with Kesi. She got her released from the clutches of the accused. Kesi is also supported by Ratna to whom she narrated the incident. The evidence of Kesi is also corroborated by the evidence of the doctor, who found injuries on her body and her hymen freshly ruptured. The statements of those witnesses were read-over to me and I do not find any infirmity to disbelieve their testimony. In my opinion, the evidence of these witnesses, which can be safely acted upon, established the fact beyond reasonable doubt that the accused committed rape upon Kesi aged about 12 years. The conviction and sentence recorded by the learned Sessions Judge is, therefore, correct and does not call for interference in this appeal ( 6 ) ACCORDINGLY, the appeal has no merit and the same is hereby dismissed. (Appeal dismissed ).