C.M.Totla, J. - (1.) This appeal challenges conviction of appellant for the offence under Sections. 376 (2) (f), 363 and 323 IPC vide judgment dated 12.5.04 and sentence awarded as under: (i) For offence under Section 376(2)(f) - 10 years RI with fine Rs. 5,000, in default one year RI. (ii) For offence under Section 363 IPC - 7 years RI with fine Rs.2,000, in default six months RI. (iii) For offence under Section 323 IPC - One month RI. All the substantive sentences to run concurrently.
(2.) Heard learned counsel for the appellant and learned Public Prosecutor.
(3.) Brief events leading to appellant's prosecution are that on 12.11.02 Lakha Ram PW5 lodged a written report Ex.P8 at PS informing that he was sitting at Ganesh Chowk in village when PW8 shoutingly weeping about her daughter R went behind middle school, so he and Roopa Ram PW 13 also went after her and observed that appellant Shrawan Kumar forcibly holding R was committing act of intercourse - mother G PW8 was trying to save her and only on their going near appellant, he ran away and they have brought the girl aged 4 years who is still. Also stated in FIR that the girl was going to relieve herself (latrine) and appellant forcibly took her behind school to verandah and then barbarously did so. SHO PW21 making entry in roznamcha registered FIR Ex P 19 for the offence of Section 376 IPC directing for her medical examination inspecting place of occurrence i.e. verandah of house at agricultural field prepared memo Ex P 5 where several places on nivar of cot and cement floor was blood stains, such pieces of nivar and piece of stained cement and plain floor collected and sealed making memo Ex. P6 and Ex. P 7 making packets as A, B, and C. Investigating officer examining witnesses obtained school certificate Ex. P 20.;