VIRENDER KUMAR JHA Vs. STATE

JUDGEMENT

(1.) The appellant/convict has preferred this appeal impugning the judgment dated 23rd April, 2010 and order on sentence dated 28th April, 2010 passed in Sessions Case No.256/2008 (in FIR no.57/2007 under Section 376 / 506 IPC, PS Swaroop Nagar) whereby he has been convicted for committing the offence punishable under Section 376(2)(f) and 506 IPC and sentenced as under:-

(2.) In brief, the prosecution case is that the convict herein was neighbour of the two child victims, who are sisters. The elder sister 'D' was aged about 10 years and the younger sister 'A' (name withheld to conceal their identity) was aged about 6 years at the time of incident.

(3.) Criminal law was set into motion on 29 th October, 2007 when vide DD No.22B Ex.PW1/A an information was received at PS Swaroop Nagar from one Dr.Ritu Chaudhary about the rape being committed on two sisters by the convict Virender Kumar Jha about fifteen days prior to that day. The DD was assigned to SI Sukhbir Singh who alongwith Ct.Suresh reached the spot. Sh.Rajesh Kujur - father of the two child victims met the Investigating Officer and informed that the girls were at school. They were called from the school. The mother of the child victims, who was an employee of Dr.Ritu Chaudhary - the informant, was also called and both the child victims were sent for medical examination. On medical examination vide MLCs Ex.PW4/A and PW4/B, it was opined that hymen of both the child victims was found ruptured. After registration of the FIR, on the statement of their mother (PW-1 Maryam Kujur) the convict was arrested and sent for medical examination. The convict was medically examined vide MLC Ex.PW4/C which records that there was nothing to suggest that he was incapable of performing sexual intercourse.