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2001 Supreme(Raj) 1959
RAJASTHAN HIGH COURT
Sunil Kumar Garg, J.
Balu Singh & Ors. - Appellant
Versus
State of Rajasthan - Respondent
S.B. Criminal Appeal No. 51 of 1985.
Decided On : 14-12-2001
For the Appellants:Manish Shishodiya, Advocate.
For the Party: D.D. Kalla, Public Prosecutor.
Headnote:
Indian Penal Code, 1860 Sections 376, 366, 368 and 342 Rape case - The accused filed the appeal against the order of Trial court on the ground that the evidence was not appreciated appropriately - Facts of the case, the victim was married aged around 18 years- In investigation, no injury was found on the body of the victim- She often used to roam around with the accused from one place to another place, so there could not be any question that any force inflicted on the victim- She was also seen with accused in Udaipur in Bapu bazaar- It was found that the testimony of accused was not genuine and prosecutrix has consented for the intercourse- Conviction was not justified and the was set aside- Appeal was allowed.
Sentence awarded Five years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo one year imprisonment. Three years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo one year imprisonment. One year RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo six months imprisonment. Seven years RI and to pay fine of Rs. 5,000/-, in default of payment of fine, to further undergo one year imprisonment. Three years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo six months imprisonment. Five years RI and to pay fine of Rs. 2,000/-, in default of payment of fine, to further undergo one year imprisonment. Three years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo six months imprisonment. Five years RI and to pay fine of Rs. 3,000/-, in default of payment of fine, to further undergo 11/2 years imprisonment. Three years RI and to pay fine of Rs. 2,000/-, in default of payment of fine, to further undergo one year imprisonment. Three years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo six months imprisonment. Two years RI and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo six months imprisonment.
Name of accused- appellants Convicted under section 1. Balu Singh 376 IPC
366 IPC
342 IPC 2. Fateh Singh 376 IPC
366/109 IPC 3. Sunderlal 376 IPC
366/109 IPC 4. Bansidas 366/109 IPC 5. Heera Singh 366/109 IPC 6. Roop Dass 366 IPC 7. Sunder Bai @ Tulsi 366/109 IPC
On 23.5.1981, PW-5 Lal Singh lodged a written complaint Ex.P/3 before the Court of Judicial Magistrate First Class, Rajsamand against some accused persons stating inter alia that on 2.5.1981, his daughter Sita (PW-9) aged 15 years (hereinafter referred to as the prosecutrix) was coming from her in-laws' house and on the way after alighting from the Bus at village Sakroda, she went to the house of Mohan Singh. It was further stated in the complaint that on 3.5.1981, Mohan Singh requested accused - appellant - Balu Singh to take the prosecutrix PW-9 Sita and leave her at village Khakhliya belonging to the complainant PW-5 Lal Singh, but accused-appellant-Balu Singh instead of taking prosecutrix PW-9 Sita to the house of the complainant, took her to Udaipur and stayed there in the house of accused-appellant-Bansidas and at that time, prosecutrix PW-9 Sita raised some objections, but she was told by them that her father was also there and she would be taken before him. It was further stated in the complaint that accused-appellants-Fateh Singh and Sunderlal and Khem Singh and Panjumal also joined the company of the accused-appellants-Balu & Banshidas and one house was taken on rent for accused-appellant-Balu. It was further stated in the complaint that all accused persons, named above, committed rape with the prosecutrix PW-9 Sita and when on 9.5.1981, prosecutrix PW-9 Sita did not reach the house of the complainant PW-5 Lal Singh, on 10.5.1981, he went to Sakroda, where he was informed that prosecutrix PW-9 Sita was taken away by the accused persons. It was further stated in the complaint that on 20.5.1981 he came to know that accused persons, named above, abducted/kidnapped his daughte
