SOBHNATH Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order of sentence dated 12.07.2011 and 13.07.2011 respectively wherein the appellant Sobhnath stood convicted under Sections 376(2)(f) /506(I) of the IPC. He had been sentenced to undergo RI for a period of 10 years for the graver offence under Section 376(2)(f) of the IPC and to pay a fine of Rs.2,000/ - and in default of payment of fine to undergo SI for a period of 2 months. For the offence under Section 506(I) of the IPC, he had been sentenced to undergo RI for a period of 6 months. Both the sentences were to run concurrently.

(2.) THE victim was a minor girl aged about 9 years and unfortunately was the granddaughter of the appellant; she used to address him as 'dada'. The complaint was lodged on the date of the incident itself i.e. 10.04.2010. The complainant was the father of the victim. The father Om Prakash (PW -6) had seen the appellant zipping up his pant having clamped the mouth of his daughter (PW -5). The statement of the victim was recorded under Section 164 of the Cr.PC before the learned Metropolitan Magistrate (PW -4). Apart from the versions of PW -5 & PW -6, there was an eyewitness account of CW -2 (the brother of the victim). He had seen the appellant lying upon his sister and doing the untoward act whereupon he had disclosed this fact to his father who on reaching the jhuggi of the appellant had seen the appellant zipping up his pant; at that time, his daughter was lying in the room with her mouth tied with a cloth.

(3.) THE appellant on the basis of the aforenoted evidence collected by the prosecution has suffered the conviction and sentences as noted supra.