NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through this appeal, Nathu has called in question his conviction under Sec. 376, IPC and a sentence of 10 years RI and fine of Rs. 500 recorded by the learned Sessions Judge, Doongarpur, vide his judgment dated 9-9-97.

(2.) The case relates to an occurrence which took place on 25-3-97 at 10 a.m. in village Limbdi. The first information report Ex. P/4 was lodged by Mrs. 'N', mother of the victim 'R' on the same day at 4 p.m. stating that she was away from her house and when she returned in the noon time she found her daughter 'R' (9 years) lying on the cot. On asking, 'R' revealed that she was sitting under the mango tree at about 10 a.m. when Nathu (accused) flung her on the ground and committed rape on her. On this report, a case under Sec. 376, IPC was registered. During investigation, the police got the medical examination of 'R' done, inspected the site, interrogated the witnesses. The accused was arrested. He was also medically examined. After the completion of the investigation, a challan was submitted.

(3.) The learned Sessions Judge framed a charge under Section 376, IPC against the accused, who pleaded not guilty. The prosecution examined PW1 Galji, PW2 Ramji, PW3 Nathu, PW4 Dr. Jagdish Badgujar, PW5 Rekha, PW6 Narbada, PW7 Thawra, PW8 Sega and PW9 Laxmilal, IO. Accused in his statement u/S. 313, Cr. P.C. denied accusation. He examined Smt. Leeli in defence. After hearing the arguments of learned P. P. and learned counsel for the accused, the trial Court held that accused had committed rape on 'R'. He, therefore, convicted and sentenced him as stated above.