GOPAL KRISHAN VYAS,J. - (1.) The instant criminal jail appeal has been filed by the accused appellant Kan Singh from Central Jail, Udaipur challenging the judgment dated 5.6.2010 passed by the learned Sessions Judge, Rajsamand in Sessions Case No. 39/2009 whereby the learned trial court convicted the accused appellant for offence under Section 376 and 341 IPC and passed the following sentence : JUDGEMENT_92_LAWS(RAJ)9_2017_1.html
(2.) As per facts of the case, the complainant PW-3 Panna Singh submitted a report at Police Station Bheem on 25.10.2008 in which following allegations were levelled by him, which reads as under:- ...[VERNACULAR TEXT OMITTED]...
(3.) During investigation, the accused appellant was arrested on the basis of the statement of PW-1 Mool Singh and, thereafter, identification parade was conducted on 2.7.2008 by the Judicial Magistrate, Dungarpur Smt. Brij Madhuri Sharma (PW-19). In that identification parade accused appellant was identified by the prosecutrix 'C'. The medical examination of the injuries suffered by the prosecutrix was conducted by medical jurist at CHC, Bheem at 10.00 pm on 25.10.2008 in which 9 abrasions were found upon the body of 9 years old prosecutrix. Her medical examination was conducted to ascertain the fact whether any sexual intercourse was committed with her. After examination by the Dr. T.C. Gangarani (PW-10) and Dr. Prem Nath reports Ex. P/19 and P/20 were prepared and given by the doctors. The investigating officer collected the proceedings of identification Ex. P/43 in which accused appellant was correctly identified by the 9 years old prosecutrix and after completing investigation, the investigation officer filed charge-sheet against the accused appellant under Section 341, 376 and 201 IPC in the court of Addl. Chief Judicial Magistrate, Bheem from where case was committed to the court of District and Sessions Judge, Rajsamand for trial.;