GANGA SAHAY Vs. STATE

JUDGEMENT

(1.) Ganga Sahay unlike his name showing no moral values has been held guilty for offences under Section 376(2)(f) IPC for committing rape of his minor daughter on the strength her statement coupled with the report of a medical examination and directed to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- and in default thereof to undergo further simple imprisonment for one month. Ganga Sahay questions the verdict of guilt that there are material contradictions in the depositions of star witnesses, discrepancies in the statement of witnesses as to the place of arrest, his medical examination having not been carried out properly thus not depicting being intoxicated and the order on sentence not considering the mitigating circumstances that he was poor man with a large family comprising of his wife, 5 children of which 4 were dependent on him and not being a habitual offender. He also assails the judgment as not extending the benefit of Section 85 of IPC.

(2.) Though no defence has been led, however in his statement recorded under Section 313 Cr.P.C. on the incriminating evidence put forth, he pleaded false implication and the answer to the question "Do you wish to say anything else?" was:

(3.) The prosecution case is based on the deposition of the victim baby 'P' PW-10 who on being ascertained by the Court to be a competent witness in a position to give rationale answers recorded her statement without oath in question-answer form. The relevant portion of her testimony is as under :