STATE OF RAJASTHAN Vs. HARKESH

JUDGEMENT

(1.) This is an appeal by the State of Rajasthan against the Judgment and Order of the High Court of Rajasthan dated 29-7-2008 by which the High Court has reduced the sentence for life imposed on the respondent - accused to a term of ten years. The respondent was convicted and sentenced by the Sessions Court for raping a five year old girl. The Trial Court found that the respondent had a quarrel with the aunt of the victim one day prior to the incident. The aunt, Smt. Santosh, had reprimanded the respondent and also assaulted him with the stick. Thereupon, the respondent warned her that this would have a bad result. The respondent them came to her house at night where she was sleeping with the aunt and carried away the little girl. He was seen carrying her away by PW 7 Mr. Pusaram.

(2.) After that the child was found the next morning in a nullah, weeping and inconsolable. The medical examination revealed that the child's body was not developed, there were no public hairs, the breast was not developed. However, the upper portion of the thigh was blood stained and the clitoris was reddened. The labia minor and majoria was swollen and the vulvae had a lacerated wound of 3 cm x 1.5 x 1.5 cm. There were abrasions on the body in the middle of neck of 1.5 x 2 cm. The abrasions were 24 hours old and the Doctor, Dr. Ravi Prabha opined that this was a case of sexual assault which could be confirmed only after the viscera report was obtained. The other Doctor, Dr. Anil Agarwal who examined the child stated that we reached the conclusion that her body, neck and vagina contains lacerated wound which occurred within 24 hours of the examination.

(3.) Finding the evidence led by the prosecution to be reliable and trust-worthy, the trial Court convicted the respondent for rape and sentenced him to undergo imprisonment for life with a fine of Rs. 10000/- for the offence and additionally sentenced him to undergo imprisonment for six months for offence under Section 323 of the Indian Penal Code. The trial court imposed the sentences by observing that the respondent had committed the heinous misdeeds only to satisfy his sexual desire. The trial court observed that there are demands in society for even death punishment for such cases but eventually acted in accordance with law and sentenced the respondent to the highest sentence provided by law namely imprisonment for life.