CHHOTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of the learned Sessions Judge, Jhalawar by which he convicted the appellant Chhotiya under section 376 Penal Code and sentenced him to rigorous imprisonment for five years and to a fine of Rs. 100, in default whereof to rigorous imprisonment for two months. I have heard arguments and perused the record.

(2.) The prosecution case is that the victim Mst. Rukmani a child of 12 years was doing baby sitting at her house in the absence of her father and mother who had gone out for work on 31-7-73, at about 7 p.m. in the village of Dahikhera within police station Aklera. It is alleged that at that time the accused Chhotiya entered the house, bolted it from inside. He made her lie on the floor and then began his assault. When she began to weep, the accused closed her mouth by his hand. The accused repeated his act twice. A report of this occurrence was lodged by Mst. Rukmani in the said police station. Mst. Rukmani was sent for medical examination which was performed by Dr. Krishna Behari Medical Officer, Government Hospital, Aklera. The report of the medical officer was that there was bleeding from the vagina, and the hymen was broken. The vagina admitted little finger causing great pain. The girl had difficulty in walking. There were no marks of violence on any part of the body but the medical officer was of the view that the person of the girl was violated. After investigation, the police put up a challan against the accused who eventually came to be tried by the learned Additional Sessions Judge, Jhalawar, who convicted and sentenced the appellant as aforesaid.

(3.) The findings of the learned trial judge is that the story of Mst. Rukmani is corroborated by other evidence. The learned Judge found no contradiction in her forth right statement. She was corroborated by the F.I R. Ex. P. 6. She also narrated her story to her father as soon as she happened to meet him. The learned trial judge held that the story of Mst. Rukmani was further corroborated by the evidence of blood present on her clothes and the medical opinion.