Sunil Kumar Garg, J. - (1.) This appeal has been filed by the accused appellant against the judgment and order dated 1.8.2000 passed by the learned Additional Sessions Judge No. 2, Bikaner in Sessions case No. 1/98 by which the learned Additional Sessions Judge No. 2, Bikaner convicted, the accused appellant Murli for offence under Section 376 I.P.C. and sentenced him to undergo 7 years' R.I. and to pay a fine of Rs. 1000/- and in default to further undergo 3 months. S.I. and by the same judgment, the learned Additional Sessions Judge No. 2, Bikaner has acquitted the accused appellant Murli and another accused Sushil for offences under Sections 363, 366 and 120B I.P.C.
(2.) This appeal arises in the following circumstances : (i) P.W. 2 Mool Singh lodged an oral report in Police Station Naya Shahar, Dist. Bikaner on 30.9.97 at 2 a.m. stating inter alga that he was driver and on 27.9.97, he went to Ravla and Khajuwala for doing his job and when he reached house in night at 8.30 p.m. he was informed by his wife P.W. 3 Umrao Kanwar that at about 3 p.m., her daughter P.W. 1 Bina Kanwar (hereinafter referred to 'as the prosecutrix') was at the house and thereafter she was not found in the house. It was further stated in the report that the accused appellant Murli who lived near their house in M.P. Colony used to come to their house and on being searched, he was also not found in the house and another accused Sushil who also used to live with accused appellant Murli told that there was possibility that P.W. 1 Bina Kanwar and accused appellant both had gone to Gaziabad. It is further stated in the report that the accused appellant had taken away P.W. 1 Bina Kanwar after enticing her. (ii) On this report, the police registered an FIR Ex. P/6 and started investigation. (iii) During investigation, medical examination of P.W. 1 Bina Kanwar was got conducted by Dr. O.P. Saini, P.W. 6 in respect of her age as well as for commission of rape. P.W. 9 Dr. Satish Kachhawaha has opined the age of prosecutrix between 17 to 19 years.
(3.) After usual investigation, the police filed challan against the accused appellant as well as against accused Sushil.;