Honble KHAN, J.–This appeal u/S. 374(2) Cr.P.C. is directed against the judgement and order dated 1.2.96 whereby the learned Special Judge SC/ST (Prevention of Atrocities) cases Dausa held the appellants guilty of offence u/S. 376 IPC is Sessions cases No. 38 of 1995 State vs. Bhanwar Singh & Another, convicted them as such and sentenced them to suffer R.I. for ten years and pay a fine of Rs. 500/- each.

The relevant facts are these :–

(2). PW 4 Smt. Bhagwati, the victim of the alleged sexual assault in this case, is a thirty years aged widow of late Shri Ram Gopal of village Guda Katla under Police Station Bandi-Kui, Distt. Dausa. After the death of her husband she was employed as a IVth class employee by the Nagar Palika Mandal Karyalaya, Bandi Kui, in place of her deceased husband. She resided in village Guda Katla with her deaf and blind mother-in-law and two children and used to come to the office of the Municipality in the morning and return therefrom in the evening.

(3). Bhanwar Singh and Ummed Singh alias Hukama appellants are stated to be drivers by profession and used to drive their jeeps on roads from Bandi Kui to villages including Guda Katla. Village Guda Katla situates about 9-10 KM away from Bandi Kui.

(4). On April 4, 1995 Smt. Bhagwati finished her work in the LIbrary of the Muni- cipality Bandi Kui at about 7.00 or 7.30 P.M and after having purchased vegetables for the family reached the Bus-stand wherefrom jeeps used to carry the passengers to her village. There were about ten other passengers intending to go to their respective destinations. At about 8.00 P.M. Hukma appellant brought his jeep at the bus-stand and gave a call to the passengers going to village Guda Katla. Smt. Bhag- wati Devi boarded the jeep. But before other passengers could have boarded his vehicle he started the jeep and move the same at somewhat fast speed. When the jeep, with Smt. Bhagwati Devi in it, had run about 100 or 200 paces and Hukma lowered its speed at the railway crossing Bhanwar Singh appellant got into it. Smt. Bhagwati Devi tried to get down from the jeep but the appellants said to her that there were other passengers, going to Guda Kutla, at some distance ahead. But when no passenger was seen ahead, Smt. Bhagwati Devi again tried to get down from the jeep but she was not allowed to do so and Bhanwar Singh appellant caught hold of her. Hukma appellant increased the speed of the jeep while, on the rear seat Bhanwar appellant continued to forcibly hold Smt. Bhagwati Devi. At about 7 or 8 Km. away from Bandi Kui the road going to village Guda Khera was left and the vehicle proceeded on the single road going to village Arania. When the jeep had run about two kilometers from the turning point the appellants stopped the vehicle in a desolate place and raped Smt. Bhagwati Devi one by one. When the appellants had just finished the sex acts with the lady the light of tractor, coming from the side of village Arniya, was noticed by them. They left the place in their vehicle leaving Smt. Bhagwati Devi behind with a threatening to kill her if she reported the matter to the police or any body else.

(5). Smt. Bhagwati Devi reached her house in the night and allegedly told the tale of her woe to her deaf and blind mother- in-law. In the following morning she reached the police station at Bandi Kui to lodge the FIR but was asked by the constables at the gate of the police station to come with some male member. Her mother-in-laws nephew PW 3 Pyare Lal resided at Bandi-Kui. Smt. Bhagwati Devi reached his house but Pyare Lal had already left for his work. She, therefore, reached her office and again went to Pyare Lals house in the evening at about 6.00 PM. Pyare Lal was there at the house. She narrated the incident to him. Both went to the police station and PW 4 Smt. Bhagwati Devi handed over a written report, Ex. P/4 to PW/5 Laxmi Narayan, Station House Officer, P.S. Bandi Kui. Crime No. 133/95 u/ss. 376/34 IPC was registered at the police stat

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