- (1.) The instant criminal appeals (Appeal No.271/2009 and Jail Appeal No.28/2008) have been filed by the accused appellant, Mota @ Motilal S/o Thawra, under Section 374 Cr.P.C. challenging the impugned judgment dated 29th November, 2008 passed by Additional District & Sessions Judge (Fast Track) No.3, Udaipur Camp Salumber, (for brevity, hereinafter referred to as "Trial Court") in Session Case No.10/2008, by which the learned trial court convicted the accused appellant for the offence under Section 376 of IPC and sentenced him for life imprisonment along with fine of Rs.1,000/- with the default stipulation to further undergo one month's additional imprisonment.
(2.) Succinctly, stated the facts of the case are that on 11.05.2007, complainant Smt. Homli (PW-2) submitted a written report (Ex.P/3) to the Station House Officer, Police Station Sarada, District: Udaipur alleging therein that her daughter, namely, Mst. "A" went for grazing the goats in forest, where the accused met her and after alluring, he keep the girl with him in a deserted place, and committed rape upon her. The complainant (mother of the prosecutrix, went in the forest in search of her daughter and she found that her daughter was crying and lying in a pool of blood. As per allegation of complainant, PW.2 Smt. Homly, accused appellant committed rape upon her daughter. Upon aforesaid written report, the FIR No.78/2007 was registered against the accused appellant for the offence under Section 376 of IPC at Police Station- Sarada, Udaipur on 11.05.2007 at 08.30 PM.
(3.) The formal FIR No.78/2007 (Ex.P/4) was registered and, S.H.O. commenced the investigation. In the investigation, site plan (Ex.P/5) was prepared and after arrest the accused appellant and prosecutrix were examined by the doctors at M.G. Hospital, Udaipur. The medical officer Dr. Pallavi Nath, of Pannadhay Women Hospital, Udaipur, examined the prosecutrix Mst. "A" as to whether rape was committed upon her and the Dr. Akhilesh Sharma, examined her to determine her age. Both the doctors of R.N.T. Medical and General Hospital, Udaipur, gave their respective reports vide Ex.P/2 dated 12.05.2007 and Ex.P/12 dated 18.05.2007.;