KRISHNA Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment dated 21.10.2011 wherein the appellant stood convicted under Sections 363/376 (2) (f) /377 of the IPC. Vide order on sentence dated 29.10.2011, he had been sentenced to undergo RI for a period of 10 years for the offence under Section 376 (2) (f) of the IPC along with fine of Rs. 25,000/ - and in default of payment of fine to undergo SI for a period of three months. He had been sentenced to undergo RI for a period of 10years for the offence under Section 377 of the IPC as well along with fine of Rs. 1,000/ - and in default of payment of fine, to undergo SI for 15 days. For his conviction under Section 363 of the IPC, he has been sentenced to undergo RI for a period of 7 years and to pay a fine of Rs. 1,000/ - and in default of payment of fine, to undergo SI for 15 days.

(2.) THIS is an unfortunate case where a three year old child has been subjected to a dastardly act of rape. Such like offences are heinous i.e. to say the least. The perpetrator of such a crime deserve no leniency. In all such cases of grave crimes, there is however a greater responsibility on the conscience of the Court to nail the real culprit as the punishment for such like offences are also of a punitive nature.

(3.) IN the statement of the accused recorded under Section 313 of the Cr.PC, he had pleaded innocence. He had stated that he has been falsely implicated. At the time of offence, he was sleeping on his roof along with his friend Rajesh. He had been picked by the police and implicated on the false statements made by the parents of the victim.