HANUMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Hanuman has been convicted for the affence under Sec. 377, I.P.C. and has been sentenced to five years' rigorous imprisonment by the Sessions Judge, Jalore by his Judgment dated May 21, 1980.

(2.) The charge against the appellant is that on the evening of 14.3.80 he committed rape on Moolki aged about 7 years at the field of her father situated in village Chana. A typed report of the occurrence was lodged on March 17, 1980 before the Deputy Superintendent of Police, Jalore at 10.45 a.m., which was forwarded to the Police Station Nosra and at the Police Station Nosra, it was received at 2 p.m. on that very day and a case under section 376, I.P.C. was registered. The prosecutrix was medically examined on 17.3.80 by Dr. Anil Vyas P.W.4. The prosecutrix was subsequently taken to Jalore Hospital. There also she was admitted and Dr. R.P. Purohit P.W.5. examined her. The accused was arrested and was also sent for medical examinations. Other usual investigation was also conducted and thereafter a charge sheet was presented against the accused and the accused was tried by the learned Session Judge. At the trial, the prosecution examined P.W.l Moolki, P.W.2 Hariya, P.W,3 Joga, P.W.4 Dr. Anil Vyas, P.W.5 Dr. R.P. Purohit, P.W.6 Rewa and P.W.7 Sujanaram, the Investigating Officer, after recording the statement of the accused, the learned Sessions Judge convicted and Sentenced the accused as aforesaid.

(3.) I have heard Shri Doongarsingh, learned counsel for the appellant and Mr. Moolchand Bhati, learnea Public Prosecutor for the State and perused the record of the case.