JAY RAM SINGH Vs. STATE

JUDGEMENT

(1.) The appellant, Jay Ram Singh, has filed this appeal against his conviction under Section 376 of the Indian Penal Code (IPC, for short) for having committed rape of his daughter (hereinafter referred to as 'the prosecutrix') aged about 6 years. By order or sentence dated 7 th November, 2005, he has been directed to undergo Life Imprisonment and to pay a fine of Rs.2,000/- and in default of payment to undergo simple imprisonment of 1 year.

(2.) The prosecutrix had appeared as PW2. She being a minor, aged about 6 years, was questioned by the Learned Additional Sessions Judge to ascertain whether she was tutored and was in a position to understand and properly answer the questions put to her. In her statement, the prosecutrix identified the appellant as her father and has stated as under:-

(3.) The statement of the prosecutrix was also recorded under Section 164 of Code of Criminal Procedure (Cr.P.C.) before the PW10, Mr.Rakesh, Metropolitan Magistrate on 21 st February, 2004. The said statement has been exhibited as Ex.PW2/A. The application for recording of the statement was made on 13 th February, 2004. The statement, Ex.PW2/A, is similar and identical to the statement made by the prosecutrix in the Court. There are no material contradictions in these two statements of PW2. When cross-examined, PW2 has stated that she had spoken and had narrated the truth and had not made the statement at the instance of her mother.