C.M. Totla, J. - (1.) APPELLANT Mohammad Sabir is aggrieved of his conviction and sentences for the offences of Section 376 Indian Penal Code, 1860 of seven years RI and fine Rs. 1000/ - in default one year RI.
(2.) HEARD contentions of learned Counsel for the Appellant and learned P.P. Alleged incident and events per prosecution and as surfaced in course of trial in short are that on 14.09.05 PW/2 accompanied with daughter T at about 2:30 in afternoon at Police Station, presented a first information report Ex.D/1 to SHO PW/10 narrating that he resides at Indra Colony and have five girls and two sons and third daughter T is 13 year old who gave up education after class VIth last year and now resides with his father H PW/4 - last night that is on 13.09.05 PW/2 went to father and when asked for T and father (PW/4) told him of she having been called by her mother as told by Sabir (Appellant) who coming at house told PW/4 of she being called by mother and she has went. In this written information Ex. D/1 narrated that Sabir so telling of claling of T by mother did kept himself out of his own house and as T passed through, enticed her to own house. Also stated in report that R and his brother -in -law J PW/8 intensively searched for T and around 5 in morning came she with blood stained clothes and told him PW/1 and mother PW/3 that when she was at house of grandfather came Sabir and told of being called by mother and when she was passing through way in front of house of Sabir, he took her and forcibly taking her in house tied a cloth over mouth and removing her clothes assaultively did the sexual act and in morning when door opened she runningly coming out have arrived. Also averred of active involvement of sister and mother of Appellant. FIR Ex.P/13 came to be registered and T physically and also for age determination medically examined. Medical reports are Ex.18,19,20 and while so examining, elements of body were collected for forensic examination. Clothes Salwar Kurta and underwear presented by PW/2 were sealed by PW/10 preparing memo Ex.P/2 who visiting place of occurrence prepared memo Ex.P/1, obtained were school record regarding age and also birth certificate. Appellant and other two arrested and Appellant was medically examined. Regarding statements of witnesses and other investigation including depositing packets of clothes elements etc at laboratory, charge -sheet followed against Appellant and other two.
(3.) APPELLANT on above particulars charged for the offence of Section 376, 366A, 363 Indian Penal Code, 1860, claimed trial. Other two were also charged regarding conspiracy for above offences. Following trial, Appellant convicted and sentenced for rape.;