- (1.) This appeal has been filed by the accused appellant against the judgment and order dated 24-1-2001 passed by the learned Additional Sessions Judge, Barmer by which he convicted the accused appellant for offence under S. 376, IPC and has sentenced accused appellant as under : @@ Offence Sentence awarded 376IPC 7 years' R.I. and a fine of Rs. 5000/- in default to further undergo 1 year's R.I. @@
(2.) This appeal arises in the following circumstances : (i) On 8-6-99 at about 4-15 p.m. P.W. 1 Smt. Dhuri w/o Mota Ram (hereinafter referred to as the Prosecutrix lodged a written report Ex. P/1 inthe Police Station Barmer Sadar before P.W. 12 Harji Ram stating that she was married about 2 years back with Mota Ram and she used to live in herin-laws' house, but on 5-6-99 she came to her father's house in village Rawatsar and since then she was living there. It is further stated in the report that on 7-6-99, at about 5 p.m. in the evening. When she went to the field for taking woods from her father's house and as soon as she reached the Gochar land and was collecting wood, the accused appellant came here and caught hold of her and put her on the ground and forcibly lifted her ghaghra and committed rape with her. Hearing her cry, Gama Ram, P.W. 4 and Chena Ram, P.W. 3 came there and seeing them, the accused appellant ran away. (ii) It is further stated in the report that when she put resistence, her ear-rings were also broken and fell down. (iii) On this report, the Police chalked out FIR Ex. P/12 and started investigation. (iv) During investigation, medical examination of P.W. 1 Smt. Dhuri was got conducted by P.W. 5 Dr. Suraj Prakash Vyas and the medical examination report is Ex. P/3 and for ascertaining her age, X-ray of elbow, pelvis and wrist were taken and the radiological report is Ex. P/4. The age of prosecutrixwas assessed as between 16 to 18 years and the accused appellant was arrested on 13-6-99 through Fard Ex. P/8. (x) After usual investigation, a challan was submitted against the accused appellant in the Court of Magistrate. Thereafter the case was committed to the Court of Sessions Judge from where thecase was transferred to Court of Additional Sessions Judge, Barmer.
(3.) That the learned Additional Sessions Judge, Barmer framed charge against the accused appellant for offence under S. 376, IPC who pleaded not guilty and claimed trial.;