BHIMLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 7, 1988, of the Sessions Judge, Balotra, convicting and sentencing the appellant for the offence under section 376, I.P.C. to 7 years Rigorous Imprisonment and a fine of Rs. 100/- and in default of payment of fine to undergo further rigorous imprisonment [or one month.

(2.) The victim of the offence is Mst. Kesi, aged about 12, years. According to the prosecution, on July 10, 1987, at about. 10.00 a.m., she was grazing cattle out-side village Nakora, where the accused came to her, dropped her on the ground and committed rape upon her. Her cries attracted Smt. Jamna, who dis-entangled her from the clutches of the accused. Mst. Kesi narrated the incident to her father Ratna Ram, who lodged the First Information Report the (Sic) district Barmer, on which a case under section 376, LP.C. was registered. The accused was arrested the same day. Mst. Kesi was sent for medical examination to the Government Mahata Hospital, Balotra. The doctor estimated the age of Mst. Kesi, between 10-12 years. He found five injuries on her body. Her hymen was found ruptured. There was clotted blood in the vagina. There was tenderness and pain. The doctor opined that forced intercourse had been committed with her. After investigation, the accused was challaned in the Court of Munsif and Judicial Magistrate, First Class, Balotra, who committed him to the Court of Sessions for trial for the offence under section 376, I.P.C.

(3.) After trial the learned Sessions Judge has convicted and sentenced the accused as aforesaid. Dissatisfied, the accused has filed the present appeal