(1.) This appeal arises out of the judgment dated 10.05.2011 and order on sentence dated 04.07.2011 passed by learned Additional Sessions Judge in Sessions Case No. 64/2009 convicting the Appellant for committing the offence punishable under Section 376(2)(f) IPC and sentencing him to undergo RI for 10 years and to pay fine of Rs. 50,000/- and in default of fine to further undergo SI for six months.
(2.) The facts giving rise to the present appeal are that on 4.4.2009, the complainant Smt. Shabina Begum left home to buy vegetables leaving behind her 8 years old daughter and 4 years old son. When she returned from the vegetable market, she found her daughter crying. On enquiry her daughter informed that Apol Bhaiya residing in the room in front of their house had opened her salwar and did 'Galat Harkat'.
(3.) The complainant removed salwar of her daughter and found swelling and some blood on the private part of her daughter. When she tried to touch her private part, her daughter also felt pain.