- (1.) This appeal has been preferred by the accused appellant against the judgment and order dated 29-7-87 passed by learned Sessions Judge. Dungarpur in Sessions Case No. 13/87 by which he convicted the accused appellant Dungar for offence under S. 376, IPC and accused appellants Bhana and Jeeva for offence under S. 366/34, IPC and sentenced them as under : Name of accused Offence Sentence awarded Dungar 376, IPC 7 years' R.I. and a fine of Rs. 1000.00 in default to further undergo 1 year's R. I. Bhana 366/34, IPC 7 years' R.I. and a fine of Rs. 1000.00 in default to further undergo 1 year's R. I. Jeeva 366/34, IPC 5 years' R.I. and a fine of Rs. 1000.00 in default to further undergo 1 year's R. I. By the same judgment dated 29-7-87, he acquitted accused Bala and Huka for offence under S. 313, IPC.
(2.) This appeal arises in the following circumstances : (i) On 1-4-86, P.W. 1 Savita (hereinafter referred to as the Prosecutrix) lodged a written report Ex. P/1 before S.P. Dungarpur against seven persons stating that about 3 months back, when P.W. 1 Savita was alone in her house, the accused appellant Dungar enticed her and took her to his house, where he committed rape and kept her there for three months. She further stated that she became pregnant and she was aborted.
(3.) On this report, P.W. 5 Jeetmal registered a case and chalked out regular FIR Ex. P/4 and during investigation P.W. 1 Savita was got medically examined by P.W. 4 Dr. Bal Mukund Upadhyaya and her medical report is Ex. P/2.;