DEVKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a case where the accused-appellant is alleged to have committed rape on a girl of four years.

(2.) Briefly stated the facts are that at about 6.00 P.M. on 19.11.2005 Shehnaz (PW-15) who is the mother of the prosecutrix lodged a report (Ex.P-18) at the Police Station Bhinai, District Ajmer that at about 1.30-2.00 P.M. on that day when she was going to the field leaving behind her daughter Razia aged about four years at her residence, the accused Devkaran came there and promised to offer peanuts to Razia whereupon Razia went with Devkaran to the latter's house and she went to the field. After 15-20 minutes one girl Bunny came and told her that the grandfather of Razia was calling her because Razia was injured. When she reached her house she saw that Razia's vagina was bleeding. According to the report the accused Devkaran committed the wrong act with her. After necessary investigation the police filed a challan in the Court of Addl. Chief Judicial Magistrate, Kekri, District Ajmer from where the case was committed to the Court of Addl. District and Sessions Judge, Kekri, District Ajmer. A charge under Section 376 Indian Penal Code. was framed against the accused. The prosecution examined 21 witnesses. The accused did not produce any witness in defence. Addl. Sessions Judge, Kekri, District Ajmer by judgment dated 23.6.2006 passed in Sessions Case No. 3/2006 convicted the accused under Section 376 Indian Penal Code. and sentenced him to rigorous imprisonment for ten years and a fine of Rs. 10,000/-and in default of payment of the fine further simple imprisonment for one year. Aggrieved, the accused has preferred this appeal.

(3.) Heard learned counsel for the appellant, learned Public Prosecutor and perused the material placed before me.