JUDGEMENT
SANGEET LODHA, J. -
(1.) This appeal is directed against judgement dated 2.4.09 passed by the Additional Sessions Judge (Fast Track) No.1, Bikaner in Sessions Case no.53/08, whereby the appellant has been convicted for offences under Sections 376, 366 and 363 IPC and sentenced to suffer the imprisonment as under:
Under Section 376 IPC
Life imprisonment with fine Rs. 5000/-; in default of payment of fine to further undergo rigorous imprisonment for six months.
Under Section 366 IPC
Rigorous imprisonment for seven years with fine Rs. 3000/-; in default of payment of fine to further undergo rigorous imprisonment for two months.
Under Section 363 IPC
Three years' rigorous imprisonment with fine Rs. 2000/-; in default of payment of fine to further undergo one month rigorous imprisonment.
(2.) Precisely, the prosecution case unfolded during the trial is that on 4.3.08, the complainant Ram Gopal's minor daughter 'X' (name withheld to protect her identity) of 8 years of age came out of the complainant's house situated at village Momasar Bas on National Highway No.11 and was standing by the side of the road. She was enticed away by the appellant herein and was taken to the land belonging to Forest Department and subjected her to rape.
(3.) On the basis of the written report (Ex.P/3) submitted by the complainant Ram Gopal, the police registered the FIR (Ex.P/34) and investigation commenced.;
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