TATIA, J. - (1.) Heard learned counsel for the parties. This appeal is directed against the judgment of conviction and order of sentence dated 25.8.2003 passed by the Court of learned Additional Sessions Judge (FT), Hanumangarh in Sessions Case No.71/2003 by which the learned trial court convicted and sentenced the accused appellant Kalu Ram @ Kalia @ Dilip Kumar as under :-
(2.) Conviction Sentence Sec.366 IPC 7 years RI & fine of Rs.1,000/- in default to further undergo 1 month RI Sec.342 IPC 1 year RI & fine of Rs.1,000/- in default to further undergo 1 month RI Sec.376 IPC Life Imprisonment & fine of Rs.1000/- in default to further undergo 1 month RI Sec.450 IPC 10 years RI & fine of Rs.1,000/- in default to further undergo 1 month RI Brief facts of the case are that on 18.4.2003 at about 9:30 PM, complainant Smt. Jamna Devi, mother of the prosecutrix, submitted an oral report in Police Station Hanumangarh Junction stating that she had twin daughters Urmila & Usha who were of the age of 7 years. On 16.4.2003, when she went to attend marriage in her neighbour's house namely, Ram Lal Huda, her 2 daughters were alone with her blind mother-in-law. Her husband's brother-in-law Krishan Lal had gone to agriculture field. In the night at about 3:00, when she came back, she found that both the girls were in the house and Usha was crying and on enquiries, Usha told her that their neighbour Kalu Ram @ Dalip forcibly took her and committed rape with her and caused injuries on her neck and face also. She also told that after committing offence, he brought her in the house and thrown her in the house. The complainant found the injuries on the private parts of the said minor girl as well as on her face and on neck. She told about this incident to her husband's elder brother Krishan and younger brother Om Prakash and also to the other villagers but as advised, she did not lodged any complaint. She stated that today in the evening, the condition of the said victim became very bad and, therefore, she was taken to Goluwala Hospital and now she has come to lodge the report and she came with Krishan and one Indraj.
(3.) Upon this oral information, FIR No.270/2003 was registered for offence under Sections 450 and 376 IPC. After investigation, challan was filed against the accused appellant under Sections 376 (2)(f), 366, 342 and 450 IPC. The case was committed to the court of Sessions Judge which was transferred to the Court of Additional Sessions Judge (FT), Hanumangarh where the accused was charged with the above offences for which the accused appellant denied and sought trial. The prosecution examined PW1 Jamna Devi, PW2 prosecutrix Usha, PW3 Krishan, PW4 Maghar Singh, PW5 Dr.Daya Shanker Pareek, PW6 Shri Narayan and PW7 Rahul and produced 15 documents in evidence. The accused statement were recorded under Section 313 Cr.P.C. Wherein the accused stated that the evidence is false and he is innocent. No defence evidence was produced.;