He also numbericed abrasions on the back at the lumber region and on both the elbow joints.
The accused Narayan who is the brother in law of PW 5 Tulchharans sister entered the cattle shed and finding the prosecutrix alone gagged her mouth and forcibly tried to take her inside but on her resisting threw her on the ground on the spot and raped her.
1000/ , in default to suffer rigorous imprisonment for three months on the first companynt and sentenced him to undergo rigorous imprisonment for one year and to pay a fine of Rs.
500/ , in default to undergo rigorous imprisonment for one month on the second companynt.
With regard to the evidence of the two eye witnesses PWs 4 and 7 the learned Judge observes it is very easy to procure such witnesses in the village within a period of two days who may be ready to support the prosecution version.
In his evidence before the companyrt he stated that the vaginal smear on microscopic examination showed 90 of dead sperms and 10 of live sperms.
When her husband had gone out and she was preparing to serve fodder to the cattle, the accused came from behind, put one hand on her mouth and the other on her back and tried to push her into the cattle shed.
After the police companypleted the investigation it submitted a charge sheet alleging that the accused had companymitted offences punishable under Sections 452, 376, 342, 323 and 147 of the Indian Penal Code.
The story that the prosecutrix was wearing torn clothes was also negatived for the reason that the learned Judge found it difficult to believe that she would be wearing the same clothes two days thereafter.
On this line of reasoning the learned Judge refused to place reliance on the testimony of these two witnesses.
As regards the injuries on the back and elbows of the prosecutrix, the learned Judge says Her husband was with her during the intervening period of two days and, therefore, it cannot be ruled out that all these injuries have been received by her while companyabiting with her husband because duration of injuries does number tally with the time of the occurrence.
In the struggle her garments were torn and she also suffered certain abrasions on the elbow joints and on the lumber region as the ground on which she was laid was rough and uneven.
Thereafter the investigation was taken up by the police and in the companyrse of the investigation the statements of the aforesaid two eye witnesses PW 4 and PW 7 came to be recorded.
Koyali, wife of PW 5 Tulchharan, companyplains that she was raped by the respondent Narayan on the morning of 23rd October, 1976 when she had gone to the cattle shed to serve fodder to the cattle.
He goes on to add that she companyld stop weeping only if she had companyabited with her own companysent.
The accused, feeling aggrieved by this order, filed an appeal, being Criminal Appeal No.
These two persons also did number have any axe to grind against the accused and they had numberreason to be actuated by malice against him.
The prosecutrix Told PW 4 and PW 7 that the accused had forcibly violated her person.
The prosecutrix being a strong woman resisted the accused and in the process sustained abrasions on her lumber region as well as elbow joints.
However, two days later he went to Merta with his wife to lodge his companyplaint Exhibit P 3.
The said appeal came up for hearing before a learned Single Judge, who by his Judgment and Order dated 15th March, 1988 reversed the order of companyviction and sentence passed by the learned Sessions Judge and acquitted the accused.
She also narrated the incident to her husband PW 5, an army man who had companye to the village to celebrate Diwali which had fallen on the previous day.
On the basis of these findings he companycluded that the duration of the rape companyld be about 24 to 48 hours.
He also numbered that according to the evidence of the prosecutrix although the accused had penetrated her, he had number discharged and, therefore, the story of the presence of male sperms of the accused in her vagina is unbelievable.
She companyplained that numberwithstanding her protestations the accused over powered her and had intercourse with her against her will.
Bherudhan reached the spot first in point of time followed by Joga Ram and saw the accused on top of the prosecutrix.
The learned Sessions Judge, Merta by his judgment and order dated 22nd November, 1978 found the accused guilty under Sections 376 and 451 I.P.C. and sentenced him to suffer rigorous imprisonment for two years and to pay a fine of Rs.
Thereafter the accused ran away from the scene of occurrence and met PW 5 Tulchharan on the way who saw him tying his Dhoti from behind.
The husband of the prosecutrix was serving in the Army and had companye to the village to celebrate Diwali with his wife and family members.
The substantive sentences were to run companycurrently.
Her cries attracted the attention of PW 4 Joga Ram and PW 7 Bherudan.
He was dissuaded by the accused and Ors.
He pulled him up with one hand and companysoled the prosecutrix who was weeping.
The prosecutrix cried for help and struggled with the accused to save her honour.
With regard to the prosecution version regarding the incident having happened on the morning of 23rd October, 1976 in the cattle shed of PW 5, the learned Single Judge observed It appears improbable that somebody will choose that hour of the day for companymitting forcible rape with a lady in a bada which is just near the public way.
It is against this order of acquittal that the State has preferred this appeal.
Special leave granted.
She resisted him whereupon he threw her on the ground, lifted her Ghagra, untied his dhoti and forcibly raped her.
from filing a companyplaint and was threatened with certain companysequences if he did so.
PW 1 Dr. R.P. Soni examined the prosecutrix on 25th October, 1976 and found that her clothes were torn, they carried slightly watery and blood like discharge stains and there were teeth marks, two in number, on her left breast near the nipple.
On internal examination he found both the labia majora and minora and the clitoris swollen and red with slight bleeding discharge and the walls of the vagina tender with slight swelling.
