- (1.) APPELLANT Ashok has challenged the judgment dated 8.9.2006 rendered by the Additional Sessions Judge (Fast Track), Laxmangarh, District Alwar whereby the trial Judge held the appellant who was aged 19 years on the date of occurrence as guilty of offence under Section 376 IPC and has sentenced him to undergo life imprisonment and pay a fine of Rs.10,000/ -, in default thereof to undergo three months additional simple imprisonment.
(2.) CASE of the prosecution is that the appellant on 1.6.2006 at about 7.00 PM had committed rape with a girl child aged six years, hereinafter called victim. Amar Singh (P.W.3) father of the victim in written report (Ex.P.1) presented before the SHO, Police Station Laxmangarh, District Alwar stated that on 1.6.2006 at about 7.00 PM in the evening they were working at their well. In the house, his father who is a handicapped, was only present. In absence of the parents, Ashok S/o. Shivlal, caste Yadav, r/o. Jagaru came and requested the father of Amar Singh (P.W.3) for water. Father gave him water to drink. Thereafter he took the victim along. On asking of father, he replied that he is taking the child along as he will purchase sweets for her. The victim had not returned for a long. Then father informed the ladies of the house. They started searching for the child. After two hours they found that near a dry well, victim was lying, after rape had been committed upon her.
(3.) ON the basis of the written report (Ex.P.1) formal FIR (Ex.P.2) bearing FIR No.139/06 was registered at Police Station Laxmangarh. Girraj grandfather of victim appeared as P.W.1 and stated that eleven months before his deposition in the court in the evening at about 8.00 PM accused came. He knew the accused earlier. The accused had requested for water which was provided. Thereafter he took the victim along and performed bad act with her. The witness further stated that Amar Singh had found that the appellant was lying over the victim. Victim was found at 10.00 PM. Accused had committed offence of rape with her. In cross -examination the witness stated that village of the appellant is at a distance of half Kos.;