Sangeet Lodha, J. - (1.) This appeal is directed against judgment dated 28.2.09 passed by the Additional Session Judge (Fast Track) No.2, Jodhpur in Session Case No.24/08, whereby the appellant accused has been convicted for offence under Section 376(2)(f) IPC and sentenced to suffer life imprisonment with fine Rs.1,000/-; in default to further undergo rigorous imprisonment for two months.
(2.) Precisely, the prosecution case unfolded during the trial is that on 25.9.08 at 1 P.M. the complainant Smt. Vimla (P.W.-9) went to Stone Park at some distance from her hut for the purpose of breaking 'kankari' (stone). Her husband was sleeping in the hut and her minor daughter 'X' (name withheld to protect her identity) was playing under the neem tree and her another daughter Sushila (P.W.-8) and son Mukesh (P.W.-11) were also there. His son Mukesh rushed to her and told her that Jhumar Ram Nat is beating 'X' in nearby 'nala' (drain). On this, when she rushed near the hut, she heard the scream of her minor daughter in nearby cement drain. She and her daughter Sushila saw in the drain that Jhumar Ram Nat had naked, her daughter and himself in naked condition, committed rape on her. She and her daughter Sushila took out her daughter from beneath of Jhumar Ram. She was ailing and blood was oozing out from her private parts then she took her daughter to Police Station. When she rescued her daughter from the hold of Jhumar Ram, he rushed towards jungle.
(3.) P.W.9-Smt. Vimla narrated the incident orally as aforesaid, which was reduced in writing by the police vide Ex.P/13 and registered the FIR (Ex.P/14) for offence under Section 376 (2)(f) IPC and the investigation commenced.;