NARAYAN PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 29.3.2010, passed by Sessions Judge, Korba, District Korba(C.G.) in Session Trial No. 120/2009, wherein the said court convicted the appellant for commission of offence under Sections 376 (2)(f) of IPC and sentenced to undergo R.I. for 10 years and fine of Rs. 5000/- with default stipulation.

(2.) In the present case, prosecutrix is PW2, who is aged about 6 years. As per version of the prosecution, on 2.8.2009, at about 8.00 am, the prosecutrix was taken by the daughter of the appellant to his house and the appellant sent her daughter to purchase biscuits and thereafter, he taken the prosecutrix in his kitchen room, open her undergarments and committed rape on her. The matter was reported and the appellant was charge sheeted and after completion of trial, the trial court convicted and sentenced and appellant as mentioned above.

(3.) Learned counsel for the appellant submits that there are contradictions and omissions in the statements of the prosecutrix and other witnesses and judgment is delivered on the basis of own imagination of the trial Court which is fabricated, therefore, finding arrived at by the trial Court is liable to be set aside.