D.L. Mehta, J. - (1.) This appeal is directed against the judgment dated 16th May, 1988, passed by the learned Sessions Judge, Kota, in Sessions Case No 113/1987, by which the appellant Bhagga, has been convicted under S. 376 IPC as well as under S. 354 IPC. Appellant has been sentenced under section 376 IPC to undergo 7 years R.I. and a fine of Rs. 500/- in default of payment of fine he will suffer 3 months. The learned Sessions Judge, also sentenced the accused appellant for the offence under S. 354 IPC to undergo one years r i. and a fine of Rs. 200/- in default of payment of fine the accused appellant will further suffer 15 days R.I. Both the sentences were d reacted to run concurrently.
(2.) Prosecution story unfolded in the FIR. is that on 23rd January, 1987, prosecutrix Mst. Lad Bai, daughter of Shri Kishan went to the field with Manohar daughter of Chhitar, for the taking grass. It is further alleged that accused appellant Bhagga. came there and he compelled them to go in the field of Prasadi with him. There is a further allegations that the accused committed rape with Lad Bai, prosecutrix. Manohar, was also with her and she was sitting at a distance of about 3 years the age of the prosecutrix is about 10 years. However, taking into consideration the medical report the Court has come to the conclusion that she is about 12 years of age. t he incident took-place at about 9.30 a.m. and F I R was lodged same day at 4.00 p.m. In the F.I.R. the name of the accused appellant Bhagga, has been mentioned and the name of his father has not been mentioned. Prosecutrix Lad Bai, was examined by Medical Jurist on 24-1-1987, by Dr. Abdul Rasheed Khan, P.W. 8 and the Doctor, found the following injuries on her person and prepared the injury report which is Ex. P. 13. and the injuries of prosecutrix Lad Bai, are as under:- 1. Separation of thigh is painful, 2. The paranium is lowering dry blood at the valva area. 3. The hymen is completely torn. The edges are red swollen and painful in touch 4. The vegina admits little finger with pain. There is fresh blood on finger stable. 5. There are no signs of general infection.
(3.) The Doctor, has also opined that the age of the prosecutrix is about 10 to 12 years and someone has committed rape with prosecutrix Lad Bai.;