UMMED SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 09.01.2004 passed by the learned Additional Sessions Judge (Fast Track) Camp Rajgarh, Churu, convicting appellant Ummed Singh of offence under Section 376(2)(f) IPC and sentenced to imprisonment for life and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo one year?s simple imprisonment. The amount of fine has been directed to be paid to PW-2 Ramniwas, father of the victim.

(2.) Briefly stated the facts of the case are that on 14.08.2003 at about 9 p.m., PW-2 Ramniwas lodged a First Information Report Ex P-3 at Police Station Sidhmukh stating inter alia that on 13.08.2003, he had gone to village Sihandwa. On 14.08.2003, when he returned to his house at about 5 p.m. from village Sihandwa, his wife PW-4 Sarbati informed that while she was in the field, appellant Ummed Singh enticed her daughter PW-5 Mst. Meera and took her to a nearby field and committed rape on her. He disclosed the age of Mst. Meera as seven years.

(3.) On this information, police registered a case for offence under Section 376 IPC and proceeded with the investigation. The police record the statement of PW-5 Mst. Meera, PW-2 Ramniwas and PW-4 Sarbati under Section 164 Cr.P.C. The victim was medically examined by the Doctor. After usual investigation, the police laid charge sheet against the appellant of offence under Section 376(2)(f) IPC. The prosecution has adduced oral and documentary evidence during the trial to prove its case. The appellant denied the correctness of the charges levelled against him and claimed trial. The learned trial Court convicted and sentenced the appellant in the manner stated above.