PANNA RAM @ PANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - Heard the learned counsels for the parties.

(2.) This appeal is directed against the judgment and order dated 29.5.2006 passed by the learned Additional Sessions Judge (Fast Track) No. 1, Jodhpur in Sessions Case No. 150/2005 whereby the learned trial Court has convicted the appellant for offence under Sec. 376(2)(f) I.P.C. and has sentenced him to 10 years' R.I. and a fine of Rs. 5,000.00, in default further undergo 1 year's imprisonment.

(3.) As per the case set up by the prosecution, on 12.8.2005, the complainant Om Prakash Kachhawaha lodged a written report at the Police Station Mathania alleging inter alia that on 6.8.2005, daughter of his uncle Sh. Gobar Ram, namely, Ms. Kamla alias Kammu aged 7 years had gone to bring green grass for the bufallow. While Ms. Kamla was taking grass in the field of Bal at that time, Panna Ram came there and took him in the crop of 'Bajri' and committed forcible intercourse with her. After the said incident, she started bleeding. Her grand-mother Soni Devi asked her about her illness, but she did not tell her. Thereafter her mother and father came to the house and on seeing her condition, she was taken to Mathania Hospital, but there also she did not narrate the story to anybody. Thereafter on Sunday, the elder sister of the prosecutrix came to her parents' place, on which the prosecutrix stated the whole incident to her and thereafter the present report was lodged.