VICKY Vs. STATE

JUDGEMENT

(1.) Present appeal is directed against the judgment dated 27.01.2011 of learned Additional Sessions Judge in Sessions Case No.363/07 emanating from FIR No.217/07 registered at Police Station Narela by which the appellant-Vicky was held guilty for committing offence under Section 376(2)(f)/363/506 IPC. By an order dated 28.01.2011 he was awarded various prison terms with fine.

(2.) Briefly stated, the prosecution case as projected in the charge-sheet was that on 21.04.2007 at about 10.00 p.m. after kidnapping the prosecutrix 'X' (assumed name), aged around 8 years from the lawful guardianship of her parents, the appellant committed rape upon her and criminally intimidated her. On the fateful night 'X' had gone to see a marriage party procession in the neighbourhood where she was enticed by the appellant on the pretext that her mother was calling her. He took 'X' to an isolated place near cremation ground and sexually assaulted her.

(3.) I have heard the learned counsel for the parties and have examined the file. 'X' was aged around eight years on the day of incident; the accused has not challenged it. Nothing was suggested to her in the cross-examination if she was more than eight years on the day of incident. Being below 16 years of age even her consent for physical relations (if any) was inconsequential.