Sharma, J.—Jagannath has been convicted by the Additional Sessions Judge, Baran under secs. 376 and 451 I.P.C. and sentenced to 2-1/2 years rigorous imprisonment and a fine of Rs. 51/- in default to undergo further imprisonment for four months. It was alleged by the prosecution that on the 5th February, 1950 when Mst. Pana a girl of about eight years was engaged in sweeping the grains at platform near her house in village Bhanwara some time in the afternoon the accused Jagannath came to her and took her away inside the house and in the Ikdara committed rape upon her. At that time there were only some children at the place; two of whom were a girl Mst. Kessar and a boy Krishna both about seven years old. When her father returned to the house she told him about the act of the accused. The girls father Madna went to the Police Station to lodge a report but it was not recorded. He therefore, made an application before the Sub- Divisional Magistrate, Chabra who directed the police to record a report and investigate the case. The first information report was, therefore, recorded on the 7th February, 1950 at about 6 in the evening. The girl and Jagannath accused were medically examined an

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