KRISHNA KODAKU Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 9.5.2007 passed by the Second Additional Sessions Judge (FTC), Ramanujganj in Sessions Trial No. 386/06, whereby & where under learned Second Additional Sessions Judge after holding the appellant guilt for commission of rape with minor girt below the age of 12 years convicted him under Section 376 (2) (f) of the I.P.C. and sentenced to undergo imprisonment for life and to pay fine of Rs. 2000/-, in default of payment of fine to further undergo R.I. for one year.

(2.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellant as aforementioned and thereby committed illegality.

(3.) As per case of the prosecution, the present appellant., maternal uncle (brother of elder sister-in-law of mother of the prosecutrix i.e. brother of devrani) of the victim (PW-6) (name not mentioned) was residing in the house of the prosecutrix along with father & mother of the victim. On 30.5.2006 the prosecutrix aged about seven years was alone in her house, her mother & father were not present in the house, the appellant was present in his house, he took the prosecutrix on account of allurement of providing sweets and after removal her undergarment inserted his penis in vagina of the victim and committed forcefully rape with her, she received serious injuries on her private part. Her private part was badly injured. Her parents had gone to forest for collecting tendu leave. When her mother came back to her house at about 12 at noon, then the victim narrated the incident, her mother saw that blood was coming out from her private part. After commission of rape the appellant fled from the spot. After sometime the victim become unconscious. Her mother Sushila (PW-7) narrated the incident to Nirdosh Kumar (PW-1) who arranged tractor and took the prosecutrix along with parents and other relatives to Government Hospital, Pratappur. Government Hospital, Pratappur referred her to District Hospital, Ambikapur on account of excessive bleeding. Nirdosh Kumar (PW-1) lodged F.I.R. vide Ex.P/1. Spot map was prepared by investigating officer vide Ex.P/5. One frock of the victim was seized from her mother Sushila (PW-7) vide Ex.P/7.