RAM BAHADUR Vs. STATE

JUDGEMENT

(1.) Being aggrieved by a judgment dated 12.10.2010 in Sessions Case No.43/08 arising out of FIR No.252/07 registered at Police Station Hari Nagari by which the appellant-Ram Bahadur was convicted under Section 376 (2) (f)/366/325 IPC, the instant appeal has been preferred. By an order dated 19.10.2010, the appellant was awarded various prison terms with fine. The sentences were to operate concurrently.

(2.) The victim is a helpless child aged around five years who was brutally ravished by the appellant. The police machinery came into motion when intimation was conveyed vide daily diary (DD) No.3A (Ex.PW-1/C) on on 01.05.2007 at 12:32 night to the effect that a child aged two years was sexually assaulted and the perpetrator of the crime had been caught at the spot. The investigation was assigned to ASI Kishan Chander. DD No.4A (Ex.PW1/D) came into existence at 1:05 night on getting information from DDU hospital where 'X' was admitted after being sexually assaulted. After recording statement of victim's mother (Ex.PW-5/A), the Investigating Officer lodged First Information Report.

(3.) I have heard the learned counsel for the parties and have examined the file. There is overwhelming evidence adduced by the prosecution to bring home the appellant's guilt. The accused was apprehended red handed inside his room along with the prosecutrix. 'X's mother Ram Dulari used to earn her livelihood by selling tea on the footpath at Som Bazar. Her husband was mentally unsound and she had the responsibility to take care of her three daughters and a son. As usual, on the day of occurrence, 'X' was present with her mother at her tea shop.