Sobhagmal Jam, J. - (1.) This appeal sent through the jail is directed against the judgment dated January 6, 1986 of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence under section 376, I.P.C. to 10 years R.I. and a fine of Rs. 500/in default Of payment of fine to further R.I. for three months.
(2.) The incident took place on June 3, 1985 at about 1.30 a.m. on the bank of river outside the village Silor, Tehsil Siwana, Distt. Barmer. The victim of the crime was Miss Kamla aged about 8 years. She had gone to graze cattle and was under a Neem tree and was enjoying Nimbolia (Neem fruits). According to the prosecution, accused Khiv Singh came there and asked her to accompany him to the temple to offer Prasad. She was taken behind the bushes where the accused committed rape upon her. Kamla cried and bleeded profusely. Her cries attracted one Jeesa there. On this the accused released her. He then left the place and ran away. Kamla went to her house and narrated the incident to her father Shri Jas Raj. A report of the occurrence was lodged to same day at 2.45 p.m. at Police Station, Samadari, by Jas Raj on which a case under section 376, IPC was registered against the accused and investigation started. On June 3, 1985, the girl was sent for medical examination to Dr. Ganpat Singh, Medical Officer, Primary Health Centre, Samdari. The doctor found that the clothes of Kamla were soiled with mud and clotted blood. The breast of the girl had not developed; no pubic hair or auxiliary hair on her body. The second and third molar teeth were absent. According to the doctor the age of girl was 9 to 11 years. The doctor found the following injuries on her body: 1. A tender swelling measuring 6 X 4 c. m. with rounded abrasion over its surface on the moss pubis. 2. A liner abrasion 3 cm. long On the lateral aspect of middle of the left side of chest.
(3.) A lacerated wound directed anteroposteriorly placed over the posterior wall of vagina and measuring 31/2 X 1 X 1/2 cm and extending upto hymen.;