SURINDER KUMAR Vs. STATE

JUDGEMENT

(1.) APPELLANT is aggrieved by the impugned judgment and order of sentence dated 19.9.2002 and 20.9.2002 respectively. He had been convicted under Section 376 read with Section 511 of the IPC as also under Section 366A of the IPC and has been sentenced to undergo RI for 3 years and 6 months and to pay a fine of Rs.20,000/ - in default of payment of fine to undergo SI for six months for the offence punishable under Sections 376/511 of the IPC; for the offence under Section 366A of the IPC he had been sentenced to undergo RI for 3 years and to pay a fine of Rs.10,000/ - in default of payment of fine to undergo SI for 4 months. Sentences were to run concurrently and benefit of Section 428 of the Cr.P.C. was granted to the appellant.

(2.) VERSION of the prosecution is that on 18.10.1999 at about 12.49 p.m. an information was received in the PCR that a man aged 30 -32 years had brought a 5 year old girl at the DDA park near Jaipur Golden Hospital and he was committing a wrong act with her. He had been apprehended and taken into custody. This DD was marked to SI Gulab Singh (PW -15) who reached the spot and found Jain Narain (PW -5) who was on patrolling duty at the park. Version of PW -5 being that he had seen the appellant with the victim in a compromising position; the girl was sitting on his knees and she was crying; the appellant was doing a wrong act with the girl behind the bushes.

(3.) THE medical examination of the victim was conducted by Dr.Seema Jain (PW -4). No external injury was noted and also no bleeding. Her hymen was not intact. Her vaginal swab was taken. MLC of the victim was proved as Ex.PW -4/A. As per report of the CFSL Ex.PW -1/A human semen was detected on the underwear of the victim.