- (1.) This appeal is directed against the judgment dated 26.4.2004 given by learned Additional Sessions Judge (Fast Track), Jalore (Camp Bhinmal) convicting the appellant for the offences punishable under Sections 376 and 341 Indian Penal Code. Learned trial court sentenced the appellant as under:- u/S.376 IPC Imprisonment for life with a fine of Rs.1000/- and in default of payment of fine further to undergo one year's simple imprisonment. u/S.341 IPC one month's simple imprisonment with a fine of Rs.100/- and in default of payment of fine further to undergo three days simple imprisonment. The charge against the accused appellant was that on 24.7.2003 at about 01:00 PM he wrongly restrained Miss H , a minor dumb girl, and committed rape with her. The report of the incident was lodged on 24.7.2003 by her father (PW-15). The trial court while relying upon the statements of PW-6, PW-12, PW- 15, PW-16 (prosecutrix herself) and also the medical evidence held the appellant guilty for the charges and convicted accordingly.
(2.) In appeal, the argument advanced is that PW- 16 being a dumb was not in position to express herself, therefore, the trial court should have taken the aid of some expert to interpret and elucidate her statement.
(3.) The argument advanced is bereft of merit. The provisions of Section 119 of the Indian Evidence Act, 1872 takes adequate care of such witness and in the instant matter the statements of PW-16 were drawn by strictly adhering the provisions aforesaid. We do not find any wrong in the procedure adopted by the trial court while recording the statements of PW-16. It is also submitted that no identification of the accused was made and that makes the entire trial bad.;