Govind Mathur, J. - (1.) THIS appeal is directed against the judgment dt. 20.11.2004 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Churu in Special Sessions Case No. 51/2003 recording conviction of accused -appellant for the offences punishable under Secs. 323, 376(1) I.P.C. read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and awarding sentence as under: 323 I.P.C. One month's rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to further undergo 15 days' additional rigorous imprisonment. 376(1) IPC Imprisonment for life and a fine of Rs. 1000/ - in default of payment of fine further to undergo six months' additional rigorous imprisonment. 3(2)(v) SC/ST Imprisonment for life and a fine of Rs. 1000/ - (Prevention of in default of payment of fine further to Atrocities) Act, undergo six months' additional rigorous 1989 imprisonment. All the sentences were ordered to run concurrently. Briefly stated, facts of the case are that on 23.09.2003 at about 9:00 pm one Shri Chandra Ram Meghwal orally reported at Police Station, Ratangarh about commission of rape with his minor daughter "K" (complete name of victim has not been given consciously) by the accused -appellant. As per the information given "K" aged 10 years went to the fields to get the goats grazed and returned to home at about 5:00 pm. At that time she was weeping and on asking stated that accused Subhan caught hold of her and then committed rape in the field of Ramjan. Hearing her screams Bhagwana Ram came towards the spot and on seeing him the accused tried to flee. On being chased by Bhagwana Ram, the accused gave beating to him also.
(2.) ON basis of the information aforesaid a case was lodged (being FIR No. 245/2003) for the offences punishable under Secs. 376, 323 I.P.C. and Section 3(xii) of SC/ST (Prevention of Atrocities) Act, 1989. During the course of investigation medical examination of the victim girl and injured -Bhagwana Ram was made. The accused was arrested and was also subjected to medical examination. After completion of investigation, a police report as per provisions of Section 173 Cr.P.C., was submitted before the competent Court and the case was then committed to the Court of Sessions. After hearing counsel for the accused -Subhan Khan charges for the offences punishable under Secs. 376(2)(f), 323 I.P.C. and Section 3(2)(5) of SC/ST (Prevention of Atrocities) Act, 1989 were framed and on denial of the same, the trial commenced as desired.
(3.) THE prosecution supported its case with the aid of eleven witnesses (PW -1 to PW -11) and by exhibiting several documents (Exhibit -P/1 to Exhibit -P/25). An opportunity was given to the accused to explain the adverse circumstances appearing in prosecution evidence, wherein he termed the evidence adduced as false and concocted. In defence document (Exhibit -D/1) i.e. statement given by injured Bhagwana Ram during the course of investigation as per Section 161 Cr.P.C., was exhibited.;