R.S.CHAUHAN, J. - (1.) THE appellant, Ramu Bahadur @ Khil Bahadur, has challenged the judgment dated 13.4.2006, passed by the Special Judge, Women Atrocities and Dowry Cases, Jaipur City, Jaipur, whereby the learned Judge has convicted the appellant of offence under Section 376(2)(f) IPC, and has sentenced him to life imprisonment, has imposed a fine of Rs.100/ - and has directed him to further undergo three months of rigorous imprisonment in default thereof.
(2.) BRIEFLY , the case of the prosecution is that on 6.2.2006, Ram Kumar (P.W.5) submitted a written report (Ex.P.7) before the Police Station Gandhi Nagar, Jaipur which when translated into English reads as under: - JUDGEMENT_152_LAWS(RAJ)1_2015.htm
(3.) ON the basis of the written report (Ex.P.7), the police chalked out a formal FIR (Ex.P.34), namely FIR No.62/06 for offence under Section 376 IPC and started investigation. Subsequently, the appellant was charged for offence under Section 376(2)(f) IPC. In order to support its case, the prosecution examined twenty witnesses, and submitted fifty three documents. In his statement recorded under Section 313 Cr.P.C., the appellant pleaded that he had given certain loan to the complainant, Ram Kumar. But instead of returning the loan, Ram Kumar has falsely implicated him in the present case. Although the defence did not produce any evidence, but did submit a single document in its favour. After going through the evidence, the learned Judge has convicted the appellant, by judgment dated 13.4.2006, and has sentenced him as aforementioned. Hence, this appeal before this court. The prosecutrix (P.W.2) is the star witness of this case, although she is a child witness. Before recording her testimony, the learned trial Judge had asked her a number of questions in order to ensure that the child witness is mature enough to answer the questions truthfully after understanding the nature of the questions and the purpose of the questions. In her examination -in -chief, the prosecutrix has stated that "I live with my mother and father at Trimoorti Circle. Earlier, Ramu uncle use to live with us in our house. He is present in the court. She pointed her finger towards the accused. The incident happened about one and a half months ago. It was about 3:00 O'clock in the afternoon. At that time, I, my mother, my father and Ramu uncle were in the house. Ramu uncle told me that he will take me out to Shankar uncle's house, which is in Bapu Nagar. Shankar was in his house. After a minute, Shankar uncle had left for his work. We also came out. Ramu uncle took me to a house which was near about. But nobody was in the house. The house was locked. Ramu uncle broke the lock, and took me inside the house. There were clothes in the room, which he kept in a bag (the witness is repeatedly looking at the accused with a sense of fear). Then Ramu uncle took me inside the room. He rolled out a mattress. He removed my pants and also removed his pants. Then he asked me to lie down. Then he lay upon me. Then he inserted his penis inside. I felt lot of pain. I started crying. He closed my mouth with his hands. I became unconscious. He threw water on my face. Then I became conscious. I was bleeding from my private parts. He wiped the blood with a piece of cloth. There was blood on mattress as well. Then Ramu Chacha also brought me to the hospital. He told me not to tell about this incident to anyone. At the hospital he claimed to be my father, and told the doctors that I had sustained injuries as I had fallen. The doctor told him that he would have to spend Rs.10,000/ -, therefore, it is better to take me to the Children's Hospital. Ramu put me in a rikshaw, and brought me to the Children's Hospital. He brought tea and biscuits for me. But I did not eat them. After a minute, he left somewhere. My mother and father came there. First my elder sister, Laxmi, came there. Then around 4:00 to 5:00 O'clock in the morning, my father came. My father left. My mother who had come alongwith my father, kept sitting with me. When I regained my conscious, I told everything to my mother. I also told the same thing to my sister, Laxmi. I told my father everything. I was bleeding in the hospital. The doctors gave me some medicines to stop the bleeding. The doctors examined my private parts. They had to stitch my private part. I did not go back to the same house with the police. My statement (Ex.P.1) was recorded by the Magistrate. The witness looked at Exhibit -P.2, a photograph of the house, and said that this is the house where I was taken and asked to sleep. The witness looked at Exhibits -P.3 and P.4, the photographs of the broken lock, and said this is the lock that Ramu uncle had broken. My clothes were soaked in blood. The witness looked at Exhibit -P.5, an admission form, and said that the photo on the admission form is hers. The photo was compared with the witness".;