R.S. Chauhan, J. - (1.) THE appellant, Durga Lal @ Akshay @ Arjun, has challenged the judgment dated 21.4.2006 passed by the Additional Sessions Judge (Fast Track) No. 3, Bundi whereby the learned Judge has convicted and sentenced him as under: - - "U/s. 363 IPC: Seven years rigorous imprisonment and imposed a fine of Rs. 1000/ -, and to further undergo one year of simple imprisonment in default thereof. U/s. 376 IPC: Life imprisonment and imposed a fine of Rs. 2000/ -, and to further undergo two years of simple imprisonment in default thereof. (Both the sentences were to run concurrently)"
(2.) BRIEFLY , the facts of the case are that on 12.12.2005 around 8:50 PM, Sayara Bano (P.W.2) submitted a written report (Ex. P.1) at the Police Station Taleda, Bundi. The said report when translated into English reads as under: - - To, The SHO,Police Station Taleda,Bundi. Sub.: For registration of case. Sir, It is submitted that today my daughter (name has been withheld in order to protect her identity) aged seven years was playing outside the house. Akshay Gurjar, resident of Altasa, came there and he enticed my daughter away and took her towards the railway lines. There he ravished her. Suddenly we heard the shouts of my daughter. Consequently, I, along with Samad Bhai, Hafeez Bhai Bakariwale ran towards the railway line and saw that Akshay Gurjar was holding my daughter. As soon as we reached there, Akshay @ Durga Lal Gurjar left the girl and ran away. When we saw my daughter, there was blood on her underwear. My daughter told me that the boy had put her down and he lay upon her. He has done a bad act with me, due to which I am in pain. We have brought the child with us. We are submitting the report. Sd/ -" On the basis of this written report (Ex. P.1), a formal FIR (Ex. P.7), FIR No. 460/05, was chalked out for offences under Sections 363, 376 IPC. During the course of investigation, not only the appellant, but also Ramesh Chand, Uchhav Lal and Suraj Mal were arrested for offence under Section 212 IPC. After completion of the investigation, the police filed a charge -sheet against the present appellant for offences under Sections 363 and 376 IPC, and they filed a charge -sheet against Ramesh Chand, Uchhav Lal and Suraj Mal for offence under Section 212 IPC. In order to support its case, the prosecution examined seven witnesses, and submitted thirty -eight documents. In turn, the defense examined two witnesses, and submitted three documents. After going through the evidence, by judgment dated 21.4.2006 the learned Judge convicted and sentenced the appellant, as aforementioned. But the learned Judge acquitted the other three accused persons, namely Uchhavlal, Ramesh Chand and Surajmal, for offence under Section 211 IPC. Hence, this appeal before this court.
(3.) P .W.1, the victim (the name has been withheld in order to protect her identity), is the star witness of the present case. Since she was a child witness, before recording her testimony, she was asked a number of questions by the learned Judge in order to ensure her maturity, and her understanding of the questions.;