SURAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st March 1988. passed I by the learned Addl- Sessions Judge, Jaipur District, Jaipur. Learned Additional Sessions Judge convicted the present appellant under section 376, I. P. C, and sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of Rs- 5001 . In default of payment of fine, to further undergo simple imprisonment for three months.

(2.) Prosecution story unfolded in the written report, Ex. P. 2, dated 27th May, 1988 that on 13th May 1985 accused Suraj Mal committed rape with Mst. Soni daughter of Puran Mal and author of the written report. On the basis of the written report Ex. P. 3, First Information Report was recorded at Police Station, Sodala. Dr. estimated the age of the prosecutrix as about to 10 years. Dr (Mrs ) Narendra Rajawat examined Soni on 30th May 1985 and prepared the report Ex. P. 7. She found the following injuries on the person of Soni :

(3.) She has opined that the injury is about 15 days old She has further opined that nothing can be said that Mst. Soni hed sexual intercourse at any time, The hymen was not ruptured.