HIMESHWAR YADAV S/O BIJELAL YADAV Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION BAGBAHARA, CIVIL & REVENUE DISTRICT MAHASAMUND (CG)

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 9.11.2012 passed by the Sessions Judge, Mahasamund (CG) in ST No.79/2011, convicting the accused/appellant under Section 376(2)(f) of IPC and sentencing him to undergo RI for 10 years and pay a fine of Rs. 1000/- with default stipulation.

(2.) As per prosecution case, on 11.8.2011 at about 1.30 pm the appellant forcibly committed sexual intercourse with the prosecutrix, aged about four years and was caught red handed. FIR (Ex.P/7) was lodged by PW-11 Ramlal Sahu, father of the prosecutrix. The prosecutrix was medically examined by PW-9 Dr. Seema Binkar vide Ex.P/17. According to medical report, there were number of abrasions on the body of the prosecutrix, profuse bleeding from her vagina, her hymen & anus were ruptured, laceration in majora, and her vagina was not admitting two fingers. While framing charge, the trial Judge charged the appellant under Section 376(2)(f) of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 12 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.