R.S.CHAUHAN, J. - (1.) HAVING been convicted for offence under Section 376(2)(f) IPC, having been sentenced to life imprisonment, having been imposed with a fine of Rs.500/ -, and further directed to undergo three months of simple imprisonment in default thereof by judgment dated 16.6.2007, passed by the Additional Sessions Judge (Fast Track) No.1, Ajmer, the appellant, Santosh Kumar @ Johny, has approached this court.
(2.) BRIEFLY , the case of the prosecution is that on 7.10.2006, around 9.30 PM, Anil Mackenzie filed a written report (Ex.P.1) at Police Station Clock Tower, Ajmer, which when translated into English reads as under: - JUDGEMENT_155_LAWS(RAJ)1_2015.htm
(3.) ON the basis of the said written report (Ex.P.1), a formal FIR (Ex.P.2), FIR No.169/2006, was chalked out for offence under Section 376(2)(f) IPC and the investigation began. After completing the investigation, the police submitted a charge -sheet against the appellant for offence under Section 376(2)(f) IPC. In order to support its case, the prosecution examined ten witnesses and submitted twenty documents. In defence, the appellant examined himself as D.W.1, but did not submit any defence documents. After going through the evidence, the learned Judge convicted and sentenced the appellant, as aforementioned. Hence, this appeal before this court. In order to understand the case of the prosecution against the appellant, the testimony of Elizabeth (P.W.2) is essential. She is the star witness of the prosecution as the prosecutrix has not been examined due to her young age. In her examination -in -chief, Elizabeth (P.W.2) claims that "I live in Topadara. I live in the house belonging to Santosh. I was living in the said house for about two and a half months prior to the incident. My son and my two granddaughters live with me. My son works at the Everlast Factory, Makhopura. My son leaves the house around 8.00 O'clock in the morning, and comes back around 7.00 O'clock in the evening. My grand -daughter, the prosecutrix, is four years old, and my other grand -daughter, Sonali, is about two and a half years old. The event occurred on 7.10.2006. That day, Santosh came to me around 4:30 P.M. and asked for food. I told him that since the food was not prepared, I will go and make tea and Paranthas for him. I went to make food for him. Santosh took the prosecutrix with him to his room. Since the prosecutrix did not return for some time, I went to look for her. Generally, Santosh does not close the door. But on that day, the door was closed and the prosecutrix was inside. I could hear her cries from inside the room. I told Santosh to open the door, but he did not open the door for some time. He opened the door after some time and started cursing me. I pulled the prosecutrix out from the house and saw that her frock had blood on it. I looked at the prosecutrix and saw that there was blood oozing out and was trickling down her legs. When I asked her as to why she was crying, she told me that uncle Santosh had hit her and had taken her clothes off. She did not tell me anything further. When I went inside the room, I notices that even the bed -sheet had blood on it. The prosecutrix was bleeding from her private parts. I told Santosh that don't you feel ashamed in doing such a bad thing. He told me that I was trying to falsely implicate him. My son came around 7:15 in the evening. I told him about the incident. At that time, the prosecutrix was crying. My son also spoke to the prosecutrix. Subsequently, he filed a report. Santosh went inside his room. My grand -daughter will not be able to testify in the court as she is frightened. She speaks only in front of family members, and not in front of others.";