GOVIND MATHUR, J. - (1.) BY the judgment impugned dated 31.5.2006, learned Additional Sessions Judge (Fast Track) No.1, Bikaner, convicted the accused appellant for the offences punishable under Sections 376(2)(f), 366 and 450 Indian Penal Code and sentenced as under: - u/S.376(2)(f) IPC ­ Life term imprisonment with a fine of Rs.10,000/ - and in default of payment of fine further to undergo six months simple imprisonment. u/S.366 IPC ­ Seven years rigorous imprisonment with a fine of Rs.1000/ - and in default of payment of fine further to undergo two months simple imprisonment. u/S.450 IPC ­ Five years simple imprisonment with a fine of Rs.500/ - and in default of payment of fine further to undergo one month's simple imprisonment.
(2.) IN brief, facts of the case are that a written report (Ex.P/5) was submitted at police station Sridungargarh on 21.4.2006 at 03:15 PM by complainant Shri 'S' (PW -2) (name not disclosed) with assertion that on 20.4.2006 he alongwith his other family members went to Rosawa to join marriage of his younger brother and returned therefrom in night at about 00:00 hours. His minor daughter and few other persons were sleeping in court yard. At about 02:30 AM he heard cry of his daughter. She was weeping and was having bite marks on her cheeks, her clothes were blood stained and blood was also oozing from her private parts. On asking, the girl stated that when she was sleeping Ramu Kaka came and carried her in his lap and took her to the primary school building and committed ill -deeds. On her crying loudly, he fled from the spot. On basis of the report given, a first information report was drawn and case was registered for the offences punishable under Sections 366 -A, 376 and 450 Indian Penal Code. A police report as per provisions of Section 173 Code of Criminal Procedure was filed before the competent court charging the accused for the offences punishable under Sections 366 -A, 376(2)(f) and 450 Indian Penal Code. The case being sessions triable was committed to the court of Sessions and the Sessions court after hearing accused framed a charge against him for commission of offences punishable under Sections 366, 376(2)(f) and 450 Indian Penal Code. On denial of the charge trial commenced as desired.
(3.) THE prosecution supported its case with the aid of evidence adduced by seven witnesses (PW -1 to PW -7) and by getting 19 documents exhibited. An opportunity was given to the accused to explain the adverse and incriminating circumstances appearing in the prosecution evidence and while availing the same he termed the evidence as false with explanation that in the night concerned he was attending a marriage. In defence statements of three persons were recorded.;