OM PRAKASH @ RAJU Vs. STATE

JUDGEMENT

(1.) By way of this appeal the convicted-accused has challenged the judgment and order dated 19th November, 2011 passed by the learned Additional Sessions Judge whereby he has been convicted for the commission of the offence punishable under Section 376(2)(f) of the Indian Penal Code ('IPC' for short) for having raped a five years old girl and sentenced to undergo imprisonment for life and also to pay fine of Rs.5,000/-, with a default stipulation of two months simple imprisonment in case of on payment of fine.

(2.) The relevant facts leading to the trial and conviction of the appellant-accused, as noticed by the learned trial judge in the impugned judgment are as under:-

(3.) The accused-appellant was apprehended at the spot itself and was handed over to the local police officials which also came there on getting the information of the offence of rape from the PCR. During investigation statement of the child victim(PW-1) was got recorded under Section 164 of the Code of Criminal Procedure('Cr.P.C.'). Since the victim child and her mother(PW- 7) had levelled allegations of rape against the accused-appellant and medical opinion obtained by the police immediately after the incident also confirmed that the child girl(PW-1) had been subjected to sexual assault the police filed a charge sheet in the concerned Magistrate's court against the accused-appellant. In due course, the case came to be committed to Sessions Court where charge under section 376(2)(f) I.P.C. was framed against the accused-appellant to which he had pleaded not guilty and, therefore, the prosecution was called upon to adduce its evidence for establishing his guilt.