SEELAN @ JEYASEELAN Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) Our order dated 04.12.2020, records Having heard Mr. R. Basant, learned Senior Advocate appearing for the petitioner for some time, when the Court pointed out that under Section 376(2)(f) the minimum punishment is 10 years, Mr. Basant pointed out that the charge was only under Section 376(1) and not under Section 376(2). This being the case, we allow Mr. Basant to produce the order where charges have been framed. List after one week.

(2.) We have since perused the charges that have been framed. The charge was not only under Section 376(1) of the Indian Penal Code, as was sought to be argued by Mr. R. Basant, but was under Section 376, which includes Section 376(2).

(3.) Be that as it may, we find that there is a concurrent finding of fact that the victim, who was only 6 years old, was raped by the petitioner. Quite apart from the victims testimony, there is also the testimony of her mother, who was an eye witness to the incident.