SHIV KUMAR SHARMA, J. - (1.) The appellant (hereinafter described as 'accused') has filed this appeal impugning the judgment dated April 26, 1999 of the learned Special Judge SC and ST (Prevention of Atrocities) Cases Dausa whereby the accused was convicted and sentenced as under :- U/S. 376 IPC read with Section 3 (2)(5) SC and ST (Prevention of Atrocities) Act (for short 'SC and ST Act') :- To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one year simple imprisonment.
(2.) The prosecution case as unfolded during trial is that informant Chameli Devi on February 6, 1998 submitted written report at Police Station Mahuwa with the averments that while her daughter Jamna Bai aged eight years in the preceding night coming back after attending a marriage, the accused picked her to his house and committed rape on her. The informant saw profuse bleeding on the private parts of Jamna Bai and her undergarments were stained with blood. The police station registered a case under Section 376 IPC and S. 3 of SC and ST Act and investigation commenced. The victim Jamna Bai was medically examined by Dr. Prathvi Raj Meena (PW-7) and as per injury report (Ex. P-7) following injuries were found on her person :- "Vagina- lacerated wound margin irregular clotted blood present 1 cm x cm x cm posteriorly duration of injury 0-2 hours. Hymen-ruptured clotted blood present. (1) Abrasion clotted blood present 3 cm x cm upon left hip (2) Abrasion clotted blood present cm x cm upon Rt. hip (3) Abrasion clotted blood present 3 mm x 3 mm upon left hip." As per X-ray report the age of the victim was between 10-12 years. The blood stained clothes and vaginal swab of the victim were found stained with semen by the FSL. The accused was arrested and got examined medically. Vide medical report (Ex.P-8) the accused was found potent. After usual investigation charge-sheet was filed and the case came up for trial before the learned Special Judge SC and ST (Prevention of Atrocities Cases) Dausa. Charges under Section 376 IPC and Sec. 3 of SC and ST Act was framed against the accused, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313 Cr. P.C., the accused claimed innocence. No witness in defence was however examined. The learned trial Judge on hearing final submissions convicted and sentenced the accused as indicated herein above.
(3.) We have heard rival submissions and weighed the material on record.;