(1.) Two D.B. Criminal Appeal No. 182/2008 & D.B. Criminal Jail Appeal No. 66/2015 are preferred by the appellant accused Kailash Chand @ Kailash Chander through his counsel against the impugned judgment of conviction and order of sentence dated 19.12.2007 passed by learned Additional Sessions Judge, Kekri, District Ajmer in Sessions Case No. 25/2007 (FIR No. 99/2007 Police Station Bhinai, District Ajmer) by which learned Addition Sessions Judge (hereinafter referred to as 'the trial court') convicted the appellant accused for offence under Sec. 376 and 323 IPC and sentenced is as under: - -
(2.) The D.B. Criminal appeal No. 182/2008 was admitted for hearing by this court vide order dated 20.02.2008 and record of the trial court was called for. Thereafter, D.B. Criminal Jail Appeal No. 66/2015 vide order dated 20.02.2008 was tagged with D.B. Criminal Appeal No. 182/2008.
(3.) The brief facts of the case are that complainant Smt. Prem Devi mother of prosecutrix -X PW -1 submitted a typed report before the Station House Officer, Police Station Bhinai, District Ajmer to the effect that: - -