JUDGMENT

Shiv Kumar Sharma, J. - Jai Laxmi @ Suraiya, a retarded woman, was admitted to Retarded & Child Rehabiliation Home Sethi Colony Jaipur. On a letter bearing No. 861 dated August 5, 1994 (Ex.P-15) forwarded by Superintendent & Principal, of the said Rehabilitation Home in regard to rape committed with Jai Laxmi, FIR No. 223/1994 was registered at Police Station Jawahar Nagar Jaipur under Section 376 IPC and investigation commenced. Jai Laxmi was medically examined and her statement under Section 164 Cr. P.C. was recorded by the Magistrate, other necessary memos were drawn and on completion of investigation charge-sheet was filed. Laddu Gopal, the appellant herein, along with Asha Devi and Poonam Chauhan were placed on trial before Learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, who vide judgment dated February 26, 2002 convicted the appellant under Section 376(2)(c) IPC and sentenced him to suffer rigorous imprisonment for ten years and fine Rs. 1,000/- in default to further suffer one month simple imprisonment. Co-accused Asha Devi and Poonam Chauhan were however acquitted. Against this judgment of the learned trial Judge that this appeal has been filed by