SANJAY YADAV Vs. STATE

JUDGEMENT

(1.) THE appellant Sanjay Yadav is the real father of the child victim Baby 'B' (name withheld to conceal her identity). He has impugned the judgment dated 21.05.2009 and order on sentence dated 25.05.2009 vide which he has been convicted for having committed the offence punishable under Section 376 IPC and sentenced to undergo RI for ten years with fine of Rs.5000/- and under Section 506-I IPC to undergo RI for two years.

(2.) THE prosecution case as revealed from the complaint Ex.PW3/A by the child victim Baby 'B' aged 12 years is to the effect that she lost her mother at the age of two years and had no sibling. She was staying with her father i.e. the appellant. About five months prior to lodging of complaint Ex.PW3/A dated 27.11.2005, her father started doing 'galat kaam' with her under threat to kill her.

(3.) DURING investigation, the child victim as well as her father were sent for medical examination and after completion of investigation, chargesheet for committing the offence under Sections 376/506-I IPC was filed against the present appellant.