MOOLIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of the judgment of the learned Additional Sessions Judge, Gangapur City, dated June 20, 1972, by which he convicted appellant Moolia of an offence under section 376, I.P.C. and sentenced him to rigorous imprisonment for two years and to pay a fine of Rs. 100.00, in default whereof to further rigorous imprisonment for three months.

(2.) I have heard arguments and perused the record.

(3.) The facts of this case are that Ramsahai (P. W. 9) presented a written report bearing the thumb impression of Zinsi (P. W. 3) in the police outpost Baman was that the daughter of Zinsi aged 7-8 years by name Sanwali (P. W. 1), was raped by accused Moolia last night. This report is Ex. P/1. This report was entered in the roznamcha, Ex. P/3 by Kansingh (P. W. 11). He gave a copy of the report Ex. P/3 to Ramsahai (P. W. 9) and directed him to go to the police station, Gadb-mora. As the S. H. O. Gadhmora was out on duty, Sobharam (P. W. 10) made endorsement that the report will be presented when the station house officer returns to the police station. Dwarka Prasad (P. W. 4), head constable, incharge of the police station, Gadhmora, returned from Sawaimadhopur and registered a case under section 376, I. P. C. and handed over the investigation to Kansingh (P. W.11).