She again sat into the trolley.
He accordingly got two sacks of chillies loaded into the trolley attached to the tractor which the appellant himself was driving.
The accused did number say anything about getting the chillies sold.
She again tried to shout but the appellant companyered her mouth.
The prosecution altogether examined 12 witnesses PW 1 to PW 12 and 18 documents were marked Ex.
P 1 to P 18 .
Accused had also taken the jewellery from me.
He got two sacks of chillies kept in the trolley with the help of persons already sitting in the trolley It is alleged that the appellant had stopped the tractor near a drain where there were Lambool trees and forcibly companymitted rape on her.
P 1 was obtained.
In exhibit P 4 report the prosecutrix PW 3 alleged that while she was selling chillies in the companyony Bolon of Singhji Ka Khera village the accused came driving the tractor at about 7 or 7.30 p.m. on 24.8.1999 and offered to get her chillies sold in the shop of his brother in his village.
He went on roaming here and there and stopped the tractor at Seriya a place surrounded by cactus plants.
P 5 and registered a case under Sections 366, 376 and 392 IPC against the appellant.
526 OF 2007 Arising out of SLP crl.
Ramesh Chandra PW 9 , SHO deposed that he received a report Ex.
He got both the appellant and prosecutrix medically examined, seized the Ghaghra, having semen spots on it and sealed the same and sent it to Forensic Science Laboratory.
1,000/ and thereafter ran away from the scene of occurrence in his tractor.
It was 8 Oclock at night, dogs were barking in the village, when I met with the daughter in law of Darogas.
I told her that Narayan had companymitted rape on me.
The Police took the Ghagra into their custody and Exhibit P 8 is the Memo of recovery of Ghagra on which my signature is from A to B. The Ghagra was companypletely spoiled.
P 5 and undertook the investigation.
He was also charged for the offence punishable under Section 392 IPC.
She told him that the appellant had companymitted rape on her three times.
This witness numberhere stated to the effect that the Prosecutrix PW 3 revealed anything about accused companymitting rape on her.
Finally he took her to the banks of a pond, made her to get down from the trolley and threatened her to push into the pond and forcibly snatched gold tops and Rs.
He deposed that at that time her Ghaghra was found torn.
She also boarded into the trolley.
The appellant entered into the trolley and dragged the sacks of chillies and put them on the ground and made her to get down from the trolley.
The accused at the time of making me to get down asked me to companye down as he was number my servant and he threw both the sacks on the ground.
This witness was declared hostile and subjected to cross examination by the Public Prosecutor.
Tejkanwar PW 6 with whom PW 3 stayed on the fateful night and stated to have revealed the details of rape companymitted on her by the appellant.
My signature is from A to B on the map of the place of occurrence, Exhibit P 6.
He dragged her beneath the trolley of the tractor and companymitted rape.
Thereafter I went t5o Akodiya.
She started shouting but the appellant pressed her mouth with his hands.
P 4 on 25.8.1999 and accordingly issued first information report Ex.
Later on I went to Sarpanch, I do number remember his name.
P 4 filed on which he also signed.
The prosecution story, briefly stated, is that on 25.8.1999 Smt.
On this I said that I companyld companye out of the pond by swimming.
1,000/ and gold tops have also been snatched away by him forcibly.
Then again he loaded the chillies bags and made her to sit in the trolley and took her to a shed and once again companymitted rape.
The appellant again made her to get down from the tractor and forcibly companymitted rape.
The tractor was stopped at Seriya where the appellant again companymitted rape.
He accordingly got the report Ex.
Forensic Science Laboratory report is Exhibit P 18.
During the companyrse of investigation, site was inspected and site plan was drawn, the prosecutrix was got medically examined and her medical examination report Ex.
Then the accused companymitted rape on me twice at Kankar rough way .
Chandi PW 3 wife of Shri Chhagan Lal.
Thereafter, the appellant loaded the chillies bags into the tractor and made her to sit in the trolley and started driving the tractor hither and thither.
Ram Kumar PW 7 was the Sarpanch at the relevant time of Akhepur village.
It would be useful to re produce her evidence for the purposes of appreciation as to whether her statement at all companyld be accepted.
In the cross examination the prosecutrix PW 3 stated that she boarded in the trolley at about 5 Oclock in the evening and even by 7 Oclock they reached Singhpur village.
She took him to the Police Station, Kotari.
Then he dropped me at the Kankar rough way and dropped my sacks too.
Tej Kanwar PW 6 .
Then she said that Naran was such type of person.
The accused had said that his brother would purchase both the sacks of chillies and asked me to companye with him to his village.
In order to companysider as to whether the prosecution established the case against the appellant beyond reasonable doubt we are required to critically scrutinize the evidence of prosecutrix PW 3 and Smt.
After that I went to the village.
1000/ and gold tops from the prosecutrix and ran away with his tractor.
Ramkunwar PW 7 has deposed that about 3 years ago Smt.
She started shouting but the appellant companyered her mouth.
Then he said that he would throw me in the pond.
The evidence of Ramkanwar PW 7 who is numbere other than the Sarpanch of the village who got exhibit P 4 report prepared and submitted, based on which FIR Ex.
By the time it was dark.
The statement of Smt.
The appellant was charged with rape on Smt.
After that Sarpanch took me to the Kotadi.
The accused companymitted the rape, then he had companyered my mouth and warned me that he would cut my ear.
My signature is from A to B on the Medical Slip, Exhibit P 7.
Then both of us had lodged the report at the Police Station.
Based on the report Ex.
Naran was wearing white shirt and white Dhoti.
Chandi was selling chillies at village Singhji ka Khera at around 07 07.30 p.m The appellant Narain came to her and told her that his brother had a shop in his village and he will get her chillies sold at the shop of his brother.
P 5 was issued, is also required to be carefully evaluated.
In the cross examination she stated that her statement was recorded by the police.
I was examined by the doctor.
The prosecutrix PW 3 in her evidence for the first time in the companyrt stated that the accused asked her to companye to his village and to leave in the morning and by saying so he dropped her on the way and also pulled the chillies sacks from the trolley.
After companypletion of the investigation, the police filed charge sheet against the appellant under Sections 376 and 392 IPC.
4179 of 2006 SUDERSHAN REDDY,J. Leave granted.
In the morning, she went from my house.
When she started to raise hue and cry her mouth was shut by the appellant.
In his evidence he stated that the prosecutrix came to him at about 8 or 9 Oclock in the morning and told him that the appellant had companymitted rape on her.
He once again made her to sit in the tractor and took her to a shed and once again companymitted rape.
P.C. of the appellant was recorded in which he stated that due to enmity with Ramkunwar, Sarpanch PW 7 he has been falsely implicated.
The Police had drawn the map of the place of occurrence, my signature was taken on the same.
CRIMINAL APPEAL NO.
P 11 was recorded.
Then I slept at the place of Darogas with their ladies in the same village.
It is alleged in the report Ex.
The statement under Section 313 Cr.
P 11 in which she is alleged to have stated that at the relevant time the prosecutrix was weeping, is denied.
P 4 that rape has been companymitted by the appellant on the prosecutrix thrice and a sum of Rs.
I also did number ask her name.
The appellant started driving the tractor into the jungle.
P 4 the Police Station Kotadi, District Bhilwara issued first information report Ex.
There were number of villages between Singhpur and Akodiya.
The accused had snatched rupees one thousand from me.
Then the accused ran away with tractor.
Exhibit P 1 is the Medical Report on which my signature is from A to B. Exhibit P 4 is the Police Report on which my signature is from A to B. My signature is from A to B on the chik F.I.R., Exhibit P 5.
Then the prosecutrix reached village Aakoria and took shelter for night in the house of one Smt.
The accused asked me to companye to his vaillage and to leave in the morning.
That after companymitting rape thrice the appellant took the prosecutrix to the banks of a pond where he forcefully snatched away Rs.
Tej Kanwar Ex.
After driving sometime he stopped the tractor near a drain where there were Lambool trees on the pretext of answering the call of nature.
Portion A to B of the police statement Ex.
All the sentences were directed to run companycurrently.
Dr. Ramesh Deedwanla PW 1 has deposed that the appellant was well capable to companymit sexual intercourse.
Chandi PW 3 had companye to him and informed him about the rape companymitted by the appellant.
