SANTOSH Vs. STATE

JUDGEMENT

(1.) PRESENT appeal has been preferred by the appellant Santosh to challenge the legality and propriety of a judgment dated 06.08.2011 of learned Additional Sessions Judge in Sessions Case No.16/10 arising out of FIR No.223/09 PS Dabri by which he was held guilty for committing offences punishable under Sections 342/366/376 IPC. By an order dated 19.08.2011, he was sentenced to undergo RI for ten years with fine Rs. 10,000/ - under Section 376 IPC; RI for seven years with fine Rs. 5,000/ - under Section 366 IPC and RI for one year under Section 342 IPC. All the sentences were to operate concurrently.

(2.) BRIEFLY stated, the prosecution case as reflected in the chargesheet was that on 11.07.2009 at about 04.00 P.M., the appellant kidnapped prosecutrix 'X' (assumed name) aged about 11 1/2 years and sexually assaulted her after confining in his house. The incident was reported to the police on 17.07.2009. First Information Report was lodged after recording victim's statement; she was medically examined. The accused was arrested. Statements of the witnesses conversant with the facts were recorded. Exhibits were sent to Forensic Science Laboratory for examination. After necessary investigation, a charge -sheet was submitted in the Court. The prosecution examined fifteen witnesses to bring home the appellant's guilt. In 313 statement, the appellant denied his involvement in the crime and pleaded false implication. The trial resulted in his conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has filed the instant appeal.

(3.) LEARNED counsel for the appellant urged that the appellant was falsely implicated due to a previous enmity with the prosecutrix' father. Inordinate delay in lodging the First Information Report has remained unexplained. Various discrepancies and contradictions in the statements of the prosecution witnesses make it unsafe to base conviction. Learned Addl. Public Prosecutor urged that the prosecutrix has attributed specific role to implicate the appellant and her statement without major infirmities cannot be disbelieved.