B. Sudershan Reddy JUDGMENT
B. Sudershan Reddy, J.
1. Leave granted.
2. This appeal by special leave is directed against the judgment of the Rajasthan High Court confirming the conviction of the appellant under Section 376 IPC and the sentence of ten years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to further undergo three months rigorous imprisonment and under Section 392 IPC, ten years rigorous imprisonment and a fine of Rs. 1,000/-, in default of payment of fine to undergo further three months rigorous imprisonment. All the sentences were directed to run concurrently. The appellant was charged with rape on Smt. Chandi (PW-3) wife of Shri Chhagan Lal. He was also charged for the offence punishable under Section 392 IPC.
3. The prosecution story, briefly stated, is that on 25.8.1999 Smt. Chandi was selling chillies at village Singhji- KaKhera 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. He accordingly got two sacks of chillies loaded into the trolley attached to the tractor which the appellant himself was driving. She also boarded into the trolley. The appellant started driving the tractor into the jungle. By the time it was dark. After driving sometime he stopped the tractor near a drain where there were "Lambool" trees on the pretext of answering the call of nature. 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. He dragged her beneath the trolley of the tractor and committed rape. She started shouting but the appellant pressed her mouth with his hands. 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. He went on roaming here and there and stopped the tractor at Seriya (a place) surrounded by cactus plants. The appellant again made her to get down from the tractor and forcibly committed rape. When she started to raise hue and cry her mouth was shut by the appellant. Then again he loaded the chillies bags and made her to sit in the trolley and took her to a shed and once again committed rape. 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. 1,000/- and thereafter ran away from the scene of occurrence in his tractor. Then the prosecutrix reached village Aakoria and took shelter for night in the house of one Smt. Tej Kanwar (PW-6). It is alleged in the report (Ex.P-4) that rape has been committed by the appellant on the prosecutrix thrice and a sum of Rs. 1,000/- and gold tops have also been snatched away by him forcibly. Based on the report (Ex.P- 4) the Police Station Kotadi, District Bhilwara issued first information report (Ex. P-5) and registered a case under Sections 366, 376 and 392 IPC against the appellant.
4. During the course of investigation, site was inspected and site-plan was drawn, the prosecutrix was got medically examined and her medical exam........