KAILASH DAS VAIRAGI S/O SH. LALA DAS, BY CASTE VAIRAGI, RESIDENT OF RAJPURA, POLICE STATION KAPASAN, DISTRICT : CHITTORGARH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Kailash Das S/o Lal Das, Resident of Rajpura, Police Station-Kapasan, District Chittorgarh, presently lodged in Central Jail, Chittorgarh, has preferred this appeal against the judgment dated 03.02.2010 passed by learned Sessions Judge, Chittograrh in Session Case No.79/2009 by which the learned trial court convicted the accused appellant for the offence under Sec. 376 of Penal Code and passed sentence for life imprisonment with a fine of Rs.60,000.00 with the default stipulation to further undergo two years' simple imprisonment.

(2.) Briefly stated, the facts of the case are that on 17.07.2009, complainant, Shyamlal (PW.1) submitted a written report (Ex.P/1) before the S.H.O., Police Station-Kapasan, alleging therein that his sister is about six years, namely, Mst. S was plying near Bheruji Temple in village at about 06.00 PM, at that time, accused appellant came there and offered her sweets (Chakki and Laddu) and took her at his home and committed rape and left her. The said incident was reported by Mst. S to him and her mother. A specific allegation was made that due to rape committed by the accused, blood was oozing out from her vagina.

(3.) Upon the aforesaid information given by PW.1, Shyamlal, a formal FIR No.307/2009 (Ex.P/20) was registered at Police Station Kapasan, District Chittorgarh on 17.07.2009 for the offence under Sec. 376 of IPC.