Shiv Kumar Sharma, J. - (1.) -The appellant is challenging in this appeal his conviction by the learned Sessions Judge Dausa under section 376 of the Indian Penal Code. He was tried by the said Court in Sessions Case No. 11/1995 for committing rape on Naseem, a girl of about 12 years of age and was sentenced to ten years rigorous imprisonment and a fine of Rs. 2,000/- in default to further undergo six months rigorous imprisonment.
(2.) Brief resume of the facts is that Deen Mohd., the uncle of Prosecutrix Naseem instituted written FIR on 13.4.1995 with the Police Station Salempur that his daughter Naseem was taken by the appellant, a neighbour to his house and there he committed rape on her. A case under section 376 IPC was registered and investigation commenced. Naseem was examiyed by the Department of Radiology General Hospital Karauli and it was opined that her age was between 10-12 years. Her Medical Examination report revealed thus- "Bleeding from Vagina present profusely. Hymen torn-bleeding present. In Vagina lacerated wound I 3/4cm. x J cm x 1 cm present on posterior commissure. No whitish seminal stain present on thigh and on genital." After his arrest the appellant was also medically examined on April 21, 1995. His medical examination report reads as under:- "Age 22 years. Development of Genital organ. No marks of struggle found on body. No scratches or lacerate on the penis. From examination nothing to suggest that the male examined is not capable of sexual intercourse."
(3.) After completion of investigation charge-sheet was laid and the case was committed to the Court of Sessions. Charge under section 376 IPC was framed. The appellant denied the charge and claimed trial. The prosecution examined as many as 12 witnesses. In his statement under section 313 Cr.P.C. the appellant stated that he was falsely implicated on account of enmity. Two defence witnesses were produce by the appellant. The learned trial Court after hearing the arguments convicted and sentenced the appellant as indicated here in above.;