G.K.VYAS,J. - (1.) In this criminal appeal filed under Section 374 appellant- Babu Singh is challenging the validity of judgment dated 21st of October 2016 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Pali in Session Case No.138/2010, whereby the trial court convicted the accused appellant for offences under Sections 376 , 342 & 447 of IPC and Section 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act and sentenced him as under: 376 of IPC : 10 years simple imprisonment along with fine of Rs.10,000/-. In default of payment of fine to further undergo three months additional simple imprisonment. 342 of IPC : 1 years simple imprisonment along with fine of Rs.1,000/-. In default of payment of fine to further undergo one months simple imprisonment. 447 of IPC : 3 months simple imprisonment along with fine of Rs.500/-. In default of payment of fine to further undergo fifteen days additional simple imprisonment.
(2.) Briefly stated, the facts of the case are that on 23.08.2010, a written complaint (Ex.P/1) was submitted by complainant- Chhoga Ram (father of the prosecutrix Ms. "R") under his thumb impression, in which following allegations were levelled: ...[VERNACULAR TEXT OMITTED]...
(3.) Upon perusal of complaint (Ex.P/1), it is revealed that at the time of submitting of aforesaid complaint (Ex.P/1), prosecutrix Ms. "R" also accompanied with her father at Police Station- Khinwada, District Pali and as per statement of prosecutrix the complaint was written by her.;