Mr. Bhanwaroo Khan, J. - (1.) Accused-appellant has preferred this criminal appeal under Section 374 (2) of the Code of Criminal Procedure against the judgment dated 09.04.2003 passed by the Additional Sessions Judge, Fast Track, Kishangarhbas, Alwar, whereby he has been convicted for commission of offence under Section 376 (2) (f) of the Indian Penal Code and has been sentenced to undergo 10-years rigorous imprisonment with fine of Rs.2000/- and in default of payment of fine, he has to further undergo two years additional rigorous imprisonment.
(2.) Briefs facts of the case are that on 16.02.2002 a written complaint was lodged by one Smt. Savita (PW- 2), along with her husband Dhanni Ram and father-in-law Umrao, with the averments that at about 1.00 P.M. when she was cooking food, her daughter viz. Manisha, aged about 6-7 months was on the cot. Accused-appellant came in her house and took the baby girl on the pretext of playing her. After lapsed of 15-20 minutes, he brought the baby girl, smeared with blood and robbed the girl on cot and ran away. Accused appellant has committed rape with the baby girl. Hence, this written complaint.
(3.) The Police after investigation submitted a challan against the accused-appellant for commission of offence under Section 376 of the I.P.C. Accused denied the charge levelled against him and claimed for trial.;