JUBER KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 19.08.2014 passed in Special Case No.10/2013 by the learned Additional Session Judge (FTC), Raigarh (C.G.) wherein, the Appellant has been convicted as mentioned below:

(2.) In this case, at the relevant time, the age of the prosecutrix/victim girl was about 2 1/2 years and she was studying at Twinkle Star Play School, Raigarh (C.G.). The present Appellant was the driver of Tata Magic Vehicle and the victim girl used to go school in the aforesaid vehicle. On the date of incident i.e. on 25.07.2013, she went to the school with the Appellant and when she returned to her house on 12:45 P.M. she told to her mother that she had pain in her private part. On being asked by her mother, she disclosed that the present Appellant have inserted his finger in her private part. Thereafter, matter was reported by the mother of the victim girl. Victim girl was medically examined vide Exhibit P-6 A. After completion of investigation, charge sheet was filed by the police. Trial Court framed the charges. To robe the Appellant, the prosecution has examined as many as total 08 witnesses. In the statement recorded under Section 313 of Cr.P.C, Appellant abjured the guilt and pleaded his innocence and false implication in the matter. No defence witness has been examined. After completion of trial, Trial Court convicted the Appellant and sentenced him as mentioned in Para 01 of this judgment. Hence, this appeal.

(3.) It is reported vide jail report that the Appellant has been released from jail on 06.02.2018 after completion of his entire jail sentence imposed upon him by the concerned Trial Court.