KANWALJIT SINGH AHLUWALIA, J. - (1.) MANGAL s/o Manoj has instituted the present appeal through jail. He was tried for offence under Section 376 IPC for having committed the rape upon daughter of the complainant Lakhman (P.W.1) (name of daughter withheld in order to protect her identity, and hereinafter called as 'the victim').
(2.) THE Court of Additional District and Sessions Judge (Fast Track), Jhalawar held appellant guilty of offence under Section 376 IPC and by a separate order of even date, sentenced him to undergo life imprisonment and to pay a fine of Rs.5000/ -, in default thereof, to further undergo one year of rigorous imprisonment.
(3.) IN the present appeal, finding of conviction and sentence has been assailed. Lakhman (P.W.1) made a statement (Ex.P/1) to Sub -Inspector, Sanwal Ram (P.W.3), Police Station, Jhalawar. In statement (Ex.P/1), complainant stated that on 12th November, 2005, he had come to Patan mela for selling idols and rings made of brass. At about 8.00 P.M., the present appellant on the pretext of showing magic, took away the daughter of the complainant, aged 4 -5 years, and committed rape with her. It has come in the FIR itself that the complainant and his wife had caught hold of the accused and accused disclosed his name as Mangal s/o Manoj.;