MAHIPAL SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appeal is directed against judgment dated 27.5.2017 passed by Additional Sessions Judge (FTC), Bastar at Jagdalpur/ Special Judge under the Protection of Children From Sexual Offences Act, 2012 (for short 'the Act 2012'), in Special Session Trial No.02/2017 wherein the said Court convicted appellant for commission of offence under Section 376(2)(i) of the Indian Penal Code, 1860 and under Section 4 of the Act 2012 and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1000/- and RI for 07 years and to pay fine of 1000/- respectively with default stipulation.

(2.) As per the version of the prosecution, the date of incident is 16.01.2017. Prosecutrix is PW-6 who is aged about 04 years. Said prosecutrix complained of pain to her mother on which her mother examined her private parts and found redness and swelling. On enquiry the prosecutrix intimated her mother that the appellant after putting soap inserted his finger in her private part. The matter was reported and investigated. The appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under: