S.S. BYAS, J.— This is a jail appeal by accused Bagdiram against the judgment of the learned Sessions Judge, Pratabgarh dated February 25,1983 convicting the appellant under section 376, I P.C. and sentencing him to 5 years rigorous imprisonment with a fine of Rs. 500/-, in default of payment of fine to further undergo 3 months like imprisonment.

2. In the afternoon of 11. 2.82, the prosecutrix Ramudi (P. W. 1) a girl of tender age of 11-12 years, went to her field situate in village Mayakhera to bring the grass. When she reached there, the accused who was hiding himself came out from the standing crop. He caught hold of her and threw her down. Thereafter, he lifted her skirt and committed rape on her. She started weeping but the accused did not leave her. Hearing her screams, P.W. 2 Mangu and P.W. 3 Jeeva, who were passing by that side, came there. Seeing them, the accused ran away. They brought the gril to her house. On the next day, P.W.2 Mangu went to police station, Arnod and lodged report Ex. P/l of the occurrence. The police registered a case and proceeded with investigation. The medical examination of the prosecutrix was made on 12 2.82 by P.W. 7 Dr. Anish Ahmed, the then th

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