When Kamla and Anandi came back Annubai told them that Ranvir had raped he in the driver a seat and they decided to take up the matter at Runija.
Annubai lodged a report in the police station house Barnagar.
Annubai PW 4 gave deposition in support of the allegation of being raped by the accused Ranvir.
The appellant was tried along with another accused Jabbar for offences under Sections 363,366.
Thereafter the driver came back to the truck.
PW 3 Dr. Rajmal Jain had examined the accused on 5.6.1982 on the requisition Ext.
As aforesaid, the High Court has also upheld the companyviction and sentence passed against the accused Ranvir.
The learned Additional Sessions Judge did number accept the case of the accused Ranvir that the prosecutrix was a women of easy virtue and she on her own accord wanted to go to Ujjain and as such did number got down at Runija and also hid herself beneath the driver a seat so as to avoid detection by the police and thus prevented from going to Ujjain and by her own companysent she had allowed the accused to have sexual intercourse with her.
Dr. Jain found Ranvir Singh capable of performing sexual intercourse.
As Annubai was number feeling thirsty and was number also feeling well.
By the impugned judgement, the High Court has upheld the companyviction of the appellant under Section 366 and 376 of the Indian Penal Code and companysequential sentence of rigorous imprisonment for three years on each companynt with a direction that oath the sentences would run companycurrently as ordered by the learned Additional Sessions Judge.
At Satrunda, all of them were waiting for a transport for going to Khacnrand.
She then went to the station master of Runija Railway Station and sought his held.
The truck thereafter proceeded and stooped near Railway Station Runija.
The police of the said Bhatpanchala P.S. registered the offence and seized the ghagra of the prosecutrix and the underwear of Ranvir Singh which he was wearing then.
The Station Master telephoned to the police station Badnagar.
The prosecution case in short is that on 4.6.1982, the prosecutric Annubai aged below 18 years and then living under the guardianship of her father Dayaram at village Biloank had gone to village Satrunda along with Kamla and Anandi of the said village Biloank.
Considering the said evidences, the learned Additional Sessions Judge held that the age of the prosecutrix was below 18 years and as such question of her being under the custody of her father Dayaram and her abduction from the lawful guardianship of her father did number arise.
The police Barnagar handed over the case to the police station Bhatpanchala.
It is also an admitted position that the prosecutrix and her two companypanions voluntarily got in to truck for taking a lift.
The age of the prosecutrix was determined with the help of ossification test.
She has also deposed that when the truck stopped near Runija Railway Station she and Anandi has got down out the prosecutrix was prevented by the accused form getting down and the truck moved away.
Both the prosecutrix and the accused Ranvir were medically examined.
The accused persons were taken to police custody and the truck was seized.
According to accused No.2 Jabbar, he had numberknowledge of rape and he was sitting on the dala of the truck.
She had stayed back out all others including the driver got down.
Annubai was found inside the drivers cabin in the truck.
Kamla and Anandi being certified informed the matter to the Station master of Runija Railway Station.
was passed by the learned Additional Sessions Judge.
The accused appellant Ranvir Singh was a driver of a truck.
A.S.I.Badnagar has deposed that on the basis of information received from P.W 5 Station Master Runija Railway Station which was recorded in the Roznamcha Ext.
Kamla and Anadi oat down from the truck and when the prosecutrix Annubai tried to got down, she was pushed back by Ranvir and the truck started moving.
Annubai told about such incident of raping to the other two ladies when they came back but the place being lonely, they companyld number do anything and decided to take up the matter at Runija.
Accordingly, the said order of companyviction and sentence for the offence under Section had and 376 IPC.
P 3A and Dr. Jains report is Ext.
Initially, Ranvir and the helper in the truck also got down but with in a few minutes Ranvir came back and inside the truck companymitted rape on Annubai.
The accused denied the guilt.
on the assurance of Ranvir Singh that the truck was going to Khacnrand all the three ladies sat on the front side of the truck and it started moving.
At about 10 to 11 A.M. a truck No.6313 MPU came there being driven by the appellant Ranvir Singh.
The seized cloths of the prosecutrix and Ranvir were sent for chemical examination and they were found to be stained with semen and spermatozoa.
PW 14 Ramchandra Mishra.
The prosecutrix Annubai being unwell and also number being thirsty then, did number get down out the other ladies out down from the truck and proceeded towards the well.
The learned Additional Sessions Judge after companysidering the evidence adduced in the case and also companysidering the fact that the prosecutrix was found below the driver a seat in the truck when the same was intercepted by the police and also companysidering the fact that both on the ghagra of the prosecutrix and on the underwear of Ranvir Singh semen and spermatozoa had been found on chemical examination, accepted the prosecution case that the accused had forcibly taken the prosecutrix in the truck being driven by him and he had also companymitted rape on the prosecutrix.
PW 5 has deposed that being told by the two ladies, he informed the police.
P 10 of the police station he apprehended the said truck and arrested the accused and also recovered at the prosecutrix form inside the drivers cabin of the truck.
N.RAY.J. This appeal is directed against judgment dated 11.6.1986 passed by the Indore Bench of the Madhya Pradesh High Court in Criminal Appeal No.15 of 1983 arising out of judgment dated 1.11.1963 passed by the learned Fourth Additional Sessions Judge, Ujjain Division in Sessions Trial No.154 of 1982.
But because there was a Toll Tax barrier about 15 paces ahead, the truck had to stop there.
