BHUPENDER Vs. STATE

JUDGEMENT

(1.) Charged for having committed an offence punishable under Section 376/511 IPC, with a determinative finding that the appellant raped the infant child, whom I give the pseudo name 'Alice', aged about 3 years as of September 03, 2012, the appellant has been sentenced to undergo RI for 5 years and pay fine in sum of Rs.5,000/ -; in default to undergo SI for 3 months.

(2.) The fate of the appellant has been sealed by the learned Trial Judge believing the testimony of Usha PW -9, the mother of Alice as also the testimony of Alice who appeared as PW -10. Lethal linkage is found in the FSL Report Ex.PW -14/D and Ex.PW -14/E.

(3.) The frock and the pajami of Alice which was seized by the Investigating Officer after Alice was examined at Babu Jagjeevan Ram Memorial Hospital on September 03, 2012 shows that human semen was detected thereon. DNA generated from the semen samples matched the DNA generated from the blood sample of the appellant.