DINESH ALIAS BUDDHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant (hereinafter described as 'accused') has filed this appeal impugning the judgment dated April 26, 1999 of the learned Special Judge SC and ST (Prevention of Atrocities) Cases Dausa whereby the accused was convicted and sentenced as under :- U/S. 376 IPC read with Section 3 (2)(5) SC and ST (Prevention of Atrocities) Act (for short 'SC and ST Act') :- To suffer imprisonment for life and fine of Rs. 1000/-, in default to further suffer one year simple imprisonment.

(2.) The prosecution case as unfolded during trial is that informant Chameli Devi on February 6, 1998 submitted written report at Police Station Mahuwa with the averments that while her daughter Jamna Bai aged eight years in the preceding night coming back after attending a marriage, the accused picked her to his house and committed rape on her. The informant saw profuse bleeding on the private parts of Jamna Bai and her undergarments were stained with blood. The police station registered a case under Section 376 IPC and S. 3 of SC and ST Act and investigation commenced. The victim Jamna Bai was medically examined by Dr. Prathvi Raj Meena (PW-7) and as per injury report (Ex. P-7) following injuries were found on her person :-

(3.) We have heard rival submissions and weighed the material on record.