Advocates:
['G S SHARMA P S SHARMA', '', 'JITENDRA KUMAR SHARMA', 'P S SHARMA', 'SURESH PAREEK PP', '', 'NACHIKETA PAREEK', 'JAVED CHOUDHARY']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Criminal Appeal No. 310/1990

Mohan Singh son of Pooran Singh aged 25 years, resident of

Sawaimadhopur

---Accused-Appellant

Versus

State Of Rajasthan

----Respondent

For Appellant(s)

:

Mr. P.S Sharma

Mr. Jitendra Kumar Sharma

For Respondent(s)

:

Mr. Javed Choudhary, PP

Mr. Nachiketa Pareek on behalf of

Mr. Suresh Pareek, Sr. Advocate for

complainant

HON'BLE THE CHIEF JUSTICE MR. S. S. SHINDE

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Judgment

Reserved on

::

July 21^st, 2022

Pronounced on

::

July 26^th, 2022

(Per: Anoop Kumar Dhand, J)

Reportable

The challenge in this appeal under section 374(2) Cr.P.C.

is led to the judgment dated 22.8.1990 passed by the Court of

learned Sessions Judge, Sawai Madhopur (for short ‘the trial

court’), in Sessions Case No.3/1988, by which the accused

appellant has been convicted and sentenced as under:-

(2 of 18)

[CRLA-310/1990]

Offence under

Section

Sentence

Fine

In default of

Payment

of

Fine

302 IPC

Life

Imprisonment

200/-

One

month

Rigorous

Imprisonment

The period spent in the police/judicial custody has been

ordered to be set-off in the original imprisonment.

The facts relevant and necessary for the disposal of this

appeal are thus:-

“PW1 Radhey Shyam (informant) submitted a

written report (Ex.P1) to the Superintendent of Police

and the S.H.O., Sawai Madhopur, Police Department,

alleging inter-alia that his sister Prem Devi is residing

in the house of Babulal Gogoriya on rent. In the same

house, Pooran Singh, Police Officer is also residing on

rent along with his children. In addition to them, 2-3

tenants are also residing in the same house. On

8.5.1978 in the night at about 2:00 AM, Pooran Singh,

Police Officer, forcibly attempted to commit rape with

his niece Sampat Bai for which a report was given by

his sister Prem Devi, which was sent to the Deputy

Superintendent of Police for inquiry and in that

application she submitted complete details. Today i.e.

on 11.5.1978 at about 12:00-1:00 P.M. in the day,

Munna, son of Pooran Singh tinkerly abused his sister

Prem Devi and he also gave threatening to her along-

with her niece Sampat for committing their murder. In

the intervening, he and Siraj Mohammad saved them.

Thereafter at about 2:00-3:00 P.M. in the afternoon

when his niece Sampat was sleeping in the room in

the upper portion of the house, his niece Mina went to

take water and bread (roti), then she saw that Munna

(3 of 18)

[CRLA-310/1990]

came in a fast speed from the room having a bottle

containing therein 1/4^th kerosene. After seeing the

smoke inside, she cried and came to him and

thereafter he went there and saw that his niece

Sampat Bai was burnt and died.”

On the basis of the said written report (Ex.P1), an FIR

No.85/1978 (Ex.P2) was registered at Police Station Sawai

Madhopur, District Sawai Madhopur, for the offence under section

302 IPC. The investigation was assigned to Mr. Shankar Bux

Singh, Assistant Sub Inspector. After completion of investigation,

the police submitted Final Negative Report.

Thereafter, on 23.5.1978 complainant/informant

Radhey Shyam (PW1) filed a criminal complaint in the Court of

Chief Judicial Magistrate, Sawai Madhopur, with the same

averments mentioned in FIR No.85/1978. Thereafter, the learned

Magistrate took cognizance vide order dated 4.8.1979 against the

accused appellant for the offence under section 302 IPC and

against co-accused Pooran Singh for the offence under sections

302 read with section 120B IPC and section 109 IPC. Thereafter,

the case was committed to the Court of Sessions, Sawai

Madhopur, for trial.

The trial court framed charges against the accused

appellant Mohan Singh for the offence under section 302 IPC and

against co-accused Pooran Singh for the offence under section

302 read with section 120B IPC and in the alternative section 302

read wi