Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 17 June, 1995 rendered by Special Judge (Sati Niwaran) and Additional Sessions Judge, Jaipur City, Jaipur, whereby the accused -respondent Mukund Singh was acquitted in the offence under Sec. 376 of IPC.
(2.) The prosecution version as unfolded during trial is as follows: - That the complainant Kailash Kanwar was residing in a rented house B -103 and 104 of Shimbhu Singh situated in Nityanand Nagar. The sister and mother of the accused -respondent Mukund Singh were also residing in the same house on rent. It is alleged that on 17th June, 1994 at about 3.30 P.M., the complainant Kailash Kanwar had gone out of the house and her daughter Sannu aged 6 years was sleeping in a room. On return to her house, she found her daughter weeping. Her daughter told that Mukund Singh had come, taken of her panties and ravished her. She was complaining pain on her vagina. The complainant looked at the panties she was wearing and found mat it was blood stained. She found her vagina also bleeding. The complainant submitted a written report Ex.P 1 in police station Vaishali Nagar, Jaipur whereupon police lodged FIR Ex.P2 and commenced investigation.
(3.) The Investigating Officer prepared site plan Ex.P3, recorded the statements of the witnesses under Sec. 161 of Cr. P.C. seized the panties of the prosecutrix vide memo Ex.P4, arrested the accused Mukund Singh vide memo Ex.P6, got both the prosecutrix and the accused medically examined and after usual investigation submitted the police report under Sec. 173(2) of Cr.P.C. in the Court.;