- (1.) The appeal is directed against the judgment dated 30/11/2004 passed by learned Addl. Sessions Judge (F.T.) No.1, Bikaner in sessions case no. 40/2004, whereby, the accused Girdhari was convicted for the offence under Section 376 IPC and sentenced him to undergo seven years rigorous imprisonment and fine of Rs.2000/- and in default of payment of fine to further undergo six months R.I.
(2.) The brief facts giving rise to the present appeal are that on 10/3/2004 at about 3.30 am the complainant namely Shivlal lodged a written report at Police Station Nokha alleging therein that when he returned home from labour work, his mother informed him that accused Girdhari committed rape on his sister when she went to the field to give fodder to goat. As per the report, the incident took place at about 3.00 pm on 9/3/2004. On the basis of said report, the police registered the case for the offence under Section 376 IPC and started investigation. During investigation, the police prepared site plan and recorded the statement of witnesses and also got conducted the medical examination of prosecutrix Sammu. After investigation, the police filed challan against the accused in the Court of Judicial Magistrate (First Class) Nokha from where the case was committed to the Court of Sessions. On the basis of material produced by the prosecution, the charges were framed against the accused and same were read over to the accused, to which he denied and claimed trial.
(3.) The prosecution examined as many as 11 witnesses and got exhibited 19 documents in support of its case. The specific case of the prosecution was that at the time of incident the prosecutrix was below 16 years of age as per the medical evidence and school certificate.;