SONU Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order on sentence dated 11.07.2012 and 14.08.2012 respectively wherein the appellant namely Sonu stood convicted under Section 376(2)(f) of the IPC. He has been sentenced to undergo RI for a period of 10 years and to pay fine of Rs. 5,000/- and in default of payment of fine to undergo RI for a period of 2 months. Benefit of Section 428 of the Cr.P.C has been granted to the appellant.

(2.) Nominal roll of the appellant has been requisitioned. This reflects that as on date the appellant has undergone incarceration of almost about 8 years which includes remissions earned by him. The version of the prosecution was unfolded in the statement of the mother of the victim Seema. She was examined in Court as PW-5. Her version which was the basis of the FIR was to the effect that on 22.03.2008 while she was cooking food and her daughter (the prosecutrix-PW-3) aged about 8 years was playing in the gali and when she went looking out for her daughter she heard her crying. PW-3 narrated the incident to her which was to the effect that the appellant Sonu, who was the neighbor, had called PW-3 to his room on the pretext of giving Holi colours being a Holi day. He bolted the door from inside; after removing his underwear he committed, unholy act of rape upon her daughter. PW-3 was bleeding from her private parts. She was medically examined by Dr. Rakhi (PW- 8). Her medical report was proved through Dr. Sandhya (PW-11). The appellant after his arrest was also medically examined. His MLC Ex. PW12/A suggested that there was nothing to show that he could not perform the sexual act. The Investigating Officer SI Dharampal was examined as PW-14.

(3.) In the statement of the accused recorded under section 313 of Cr.P.C. he stated that this was a case of false implication. There was a money dispute between himself and Seema (PW-5) who had taken a loan of Rs. 20,000/- from his cousin and since she was not repaying the amount this false case has been planted upon him. DW-1 Kiran Singh, his cousin has come into the witness box to support his defence.