G.K.VYAS,J. - (1.) In this criminal appeal filed under Section 374 of Cr.P.C., the accused appellant, Matin Khan, has challenged the judgment dated 21st December, 2005 passed by learned Addl. Sessions Judge (Fast Track) No.2, Pali (for brevity, hereinafter referred to as 'Trial Court ) in Session Case No.79/2005, whereby the accused appellant was convicted for the offences under Sections 376 and 363 of IPC and following sentence was passed which reads as under: 376 of IPC : Life Imprisonment and fine of Rs.1000/- and in default of payment of fine, to further undergo three years rigorous imprisonment. 363 of IPC : Three Years rigorous imprisonment along with fine of Rs.500/-, in default of payment of fine, to further undergo six months simple imprisonment.
(2.) FACTS OF THE CASE: The complainant, PW.3, Firoz S/o Murad, submitted a written report (Ex.P/1) against unknown persons at Trauma Centre, Bangad Hospital, Pali, at about 11.55 PM on 21.06.2005 to the S.H.O., Police Station Kotwali, Pali, in which following allegations were levelled with respect to rape committed with his ten years old daughter Ms. "R": JUDGEMENT_35_LAWS(RAJ)1_2017.jpg
(3.) Upon the aforesaid complaint submitted by the complainant, formal F.I.R. No.306/2005 (Ex.P/32) was registered on 22.06.2005 at Police Station- Kotwali, Pali, for the offences under Sections 365 and 376 of IPC and thereafter investigation was commenced. During investigation, accused appellant was arrested on the basis identification narrated by the prosecutrix "R" vide Arrest Memo (Ex.P/13). The proceedings for identification was also conducted in the District Jail, Pali on 23.07.2005 in the presence of Judicial Magistrate, Pali, vide Ex.P/43 in which prosecutrix identified the accused appellant and corroborated the allegation of rape against the appellant. The medical examination of prosecutrix as well as appellant, Matin Khan, was conducted in the hospital, and the medical examination report of prosecutrix Ms. "R" was prepared vide Ex.P/22 and injury report (Ex.P/23) was also prepared. After examination of the body of the accused, Matin Khan, Injury report as well as medical report of the accused appellant were also prepared vide Ex.P/24 and Ex.P/27 respectively during the course of investigation. Due to rape committed with the prosecutrix, her physical condition become serious, therefore, for further treatment she was referred from Bangad Hospital, Pali after MLC to the Ummed Hospital, Jodhpur, where she was admitted on 22.06.205 and remain hospitalized for treatment up to 04.07.2005. In between that period, the prosecutrix had to undergone operation, which is evident from document Ex.P/48.;