Honble SAXENA, J. — This appeal has been preferred against the judgement dated 11.2.1994 passed by the learned Session Judge, Merta in Sessions case No.31/93, whereby he has convicted the appellant for the offences under sections 376 and 341 I.P.C. and sentenced him to rigorous imprisonment for five years and a fine of Rs.1000/- in default to further undergo six months simple imprisonment on the first count and imprisonment for fifteen days and a fine of Rs.250/-in default to further undergo five days simple imprisonment on the second count.

(2). Briefly the prosecution case is that on 29.9.92 at about 7.00-8.00 a.m. prosecutrix p.w.16 Smt. Shivrai aged 22 years was going from her house situated in village Modi to her field carrying the meals for her husband. When she reached near the field of Ganga Ram situated near the public way going from village Modi to Bhadora, appellant Koja Ram aged about 21 years, who was going just ahead of the prosecutrix stopped and asked her as to where she was going ? The prosecutrix did not respond. There-upon the appellant caught hold of her right hand with the result that her Tagari whereon breads, vegetable and Rabdi in an earthen-ware pot were placed, fell down in the path way. It is alleged that the appellant dragged her upto a distance of about 45 paces (equivalent to about 90 ft.) inside the field of Ganga Ram, where Moong and Bajra crops were standing. It is the case of the prosecution that the appellant felled her down behind the Bajra plants, bitten on her cheeks and inserted his penis into her vagina and thus committed rape. The prosecutrix raised hue and cry, but the appellant did not stop and after committing rape filed away towards the eastern side. Thereafter the prosecutrix after coming out from Ganga Rams field proceeded towards her house weeping. In the way, her brother-in-law(Devar) P.W.5 Sita Ram aged 18 years, who was a student of VIIIth class and was going to his field carrying water on a bicycle, met her. She narrated her woeful tale to him. It is further the case of the prosecution that the prosecutrix also narrated about the incident to her mother-in-law P.W.8 Smt. Maina after coming to her house. At that time P.W.6 Meharam, the father-in-law of the prosecutrix had gone to village Shankhbas for getting his cycle repaired. Therefore,P.W.8 Smt. Maina went to village Shankhbas and informed about the incident to Mehram at about 10 a.m. on the same day. Mehram came to village Modi and therefrom he went to police Station, Bhanwanda, which is situated at a distance of 14 kms. from the place of the incident. Mehram submitted a written report Ex.P.6 on the same day at 6 p.m. to P.W.17 Ram Babu, S.H.O.,whereupon formal F.I.R. Ex.P.14 was drawn and a case under sections 341, 354 and 376 I.P.C. was registered against the appellant , On 30.9.92,P.W.17 Ram Babu reached the spot and after inspecting the site, prepared site-plan Ex.P.9 and memo Ex.P.10. He also seized and sealed vide seizure memo Ex.P.ll the Lahangaof the prosecutrix, which allegedly was stained with semen at six places. P.W.2 Dr.J.P.Mirdha examined the prosecutrix on 30.9.92 at 1 p.m. and found few linear scratches present on her left cheek and a scratch on the dorsal surface of her right index finger, 2" away from the tip. Smt.Shivrai complained of pain on the intra scapular and lumbar region on her back,but there was no sign of external injury. The doctor did not find any blood, semenal stains, foreign hairs or fibres on her clothes, which were torn at some places. The doctor noticed that her pubic hair were not matted from semen, no dried semenal stains were found on her genital and thighs. The doctor also did not notice recently effused or dried blood on her genital organs or in the neighbourhood. Neither bruises and lacerations on the external genitals were present, nor there was any redness, swelling or inflamation thereon. Her fourchette and posterior commisore were also not injured. The doctor obtained the vagin

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