SHYAM SUNDER BYAS,J. - (1.) THE appeal is directed against judgment of the learned Sessions Judge, Jalore dated April 22, 1985 by which appellant Bachna was convicted under Section 376 IPC and sentenced to four years rigorous imprisonment and a fine of Rs. 400/ -, in default of payment of fine to further undergo two months' simple imprisonment.
(2.) BRIEFLY stated, the prosecution case is that the prosecutrix Kumari Suraj, aged about 9/10 years at the relevant time d/o PW 2 Gumansingh Rajput of village Deoki, Tehsil Ahore, District Jalore. On January 31, 1984, she took the cattle for grazing in the field of PW 5 Bhimsingh Rajput, situate in Mauja Deoki. At about 12 hours in the noon when she was grazing the cattle in the field of Bhimsingh. the accused came there and asked her about her brothers and sisters. Thereafter he asked her to go with him in a lonely site. She refused to accompany him. Thereupon the accused forcibly took her in a lonely side. He felled her down, untied her ghaghra, placed it aside and unloosened his dhoti. He then committed rape on her. Kumari Suraj started crying. Hearing her outcries, PW 2, Gumansingh and Bhimsingh, who accidently happened to go there rushed to the spot. Seeing them, the accused left Kumari Suraj and took to heals. Bhimsingh and Gumansingh chased him but the accused managed to escape. They found Kumari Suraj lying in the field with injuries on her body and blood oozing out from her private parts. They also noticed blood on the spot. Gumansingh made the girl to wear the Ghagra and took her to his house. He collected the persons of the locality who advised him to report the matter to the police. As no means of communication were available, nothing could be done on Jan. 31, 1984. On Feb. 1, 1984, Gumansingh took the prosecutrix to the hospital and got her medically examined. He thereafter presented writen report Ex. P 3 before the District Superintendent of police, Jalore, who directed the concerned Station House Officer P.S. Nosra to register the case and make investigation. The case was consequently registered at P.S. Nosra, The medical examination of the prosecutrix was made by the medical jurist Dr. R P. Purohit (PW 7), Govt. Hospital, Jalore. The Doctor noticed the following injuries on the person of the prosecutrix; External: (1) One small abrasion 1 cm midline x at 1/3 vertebral level, brownish seals; (2) one abrasion 2cm x 2cm irregular 5cm. above injury No. 1 midline and towards left side brownish seals; (3) one abrasion 5cm. x 1/2cm. obliquely 2cm away from injury No.2, right infra scapular region; (4) two elongated abrasions of 10cm, x 1/2cm x 1/2 cm. apart on the medic posterior as pect of right thigh, brownish seal upper 3rd region of the thigh. Internal: (Cenital examination) (1) Dark clotted blood deposited over labia majora and medial side of thighs; (2) Hymen is torn recently with margins swllen and blood oozing. Tear extending from four c.ms. to 1.5 cm. above anul margins which bleeds on touching. Swab was taken and slides were prepared by the doctor. Dr. Purohit was of the opinion that rape had been committed with Kumari Suraj within 24 to 48 hours before her medical examination. He issued report Ex. P/4. The investigating Officer Shaitan Singh PW 4 arrived on the spot, inspected the site and prepared the site plan. He found blood staind soil there on the spot. It was seized and sealed. He also found broken pieces of bangles which he also seized and sealed. The ghaghra which the prosecutrix wearing at the time of the commission of the crime, was also seized and sealed as blood stains were found on it. The accused was arrested on February 5, 1984. At that time he was wearing a dhoti containing some stains of blood. His dhoti was seized and sealed. The blood stained cloths and slides were sent for chemical examination. Human blood was detected on them. Human semen was also detected on the ghagra of the prosecutrix. On the completion of investigation the police submitted a challan against the accused in the court of Chief Judicial Magistrate, Jalore who in his turn committed the case for trial. The learned Sessions Judge framed a charge under Section 376 IPC against the accused, to which he pleaded not guilty and claimed to be tried. In support of its case the prosecution examined 8 witnesses and filed some documents. In his statement under Section 313 Cr.PC. the accused denied the whole prosecution story and stated that his father Chhomba was employed with Abhay Singh Rajput of village Mithri. Arjun Singh and Pratap Singh residents of Mithri did not like this. They therefore, fabricated a false case against him with the help of PW 2 Guman Singh who happens to be the stooge. On the conclusion of trial the learned Sessions Judge found the charge duly proved against the accused. He found merit in the defence taken by the accused. The accused was consequently convicted and sentenced as mentioned at the very outset. Aggrieved against his conviction and sentence, the accused has come up in appeal.
(3.) I have heard Mr. D.S. Rathore learned counsel for the appellant and Mr. G.M. Bhandari the learned Public Prosecutor. I have also gone through the case file carefully.;