Darga Ram @ Gunga Versus State of Rajasthan




Darga Ram @ Gunga …Appellant


State of Rajasthan …Respondent


The appellant was tried and convicted for offences punishable under Sections 376 and 302 IPC. For the offence of rape punishable under Section 376, he was sentenced to undergo imprisonment for a period of 10 years besides a fine of Rs.1000/- and default sentence of one month with rigorous imprisonment. Similarly, for the offence of murder punishable under Section 302 IPC, he was sentenced to undergo life imprisonment besides a fine of Rs.3,000/- and default sentence of three months’ rigorous imprisonment. Both the sentences were directed to run concurrently. Criminal Appeal No.604 of 2004 filed by him was heard and dismissed by a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur. The present appeal assails the impugned judgment and order. A first Information Report was registered at Police Station Rani in the State of Rajasthan on 11th April, 1998, inter alia, stating that the complainant on 9th April, 1998 had organised a “Jaagran” (night long prayer meet) near a well belonging to one Magga Ram. The complainant and other relatives, in all around 50 persons assembled for the “Jaagran” that continued till late night. This included hisseven year old daughter-Kamala who went to sleep along with other children close to the place where the “Jaagran” was held. When he returned to his house he noticed that Kamala was missing. Assuming that she may have gone away with one of the relatives, a search was made at their houses but Kamala remained untraceable. The search was then extended to neighboring areas where the dead body of Kamala was discovered by Magga Ram (PW-5) and Pura Ram. On receipt of this information he and Naina Ram (PW-2) went to the place and found that baby Kamala had been raped and killed by crushing her head with a stone. The dead body of Kamala was, according to the report, lying on the spot….read more