VIJAY @ BITTU Vs. STATE

JUDGEMENT

(1.) The instant appeal has been preferred by the appellant Vijay @ Bittu assailing the judgment and order on sentence 14th May, 2010 and 17th May, 2010 respectively whereby he has been convicted for committing the offence punishable under Section 376(2)(f) IPC and sentenced to undergo RI for ten years with fine of Rs. 10,000/- and in default of payment of fine, to undergo SI for one year.

(2.) Briefly stating, the case of prosecution is that on 25th May, 2007 on receipt of DD No.25A regarding rape of a girl, W/ASI Sushila reached the spot where ASI Karan Singh, Ct. Suresh and W/Ct. Sharmila were already present. W/ASI Sushila recorded the statement Ex.PW2/A of Smt. Padma - mother of the child victim 'P' (name withheld to conceal her identity) aged about nine years wherein she stated that 'P' was studying in 1st Standard in a School (name of school withheld) in Ishwar Colony. Her husband was running a grocery shop in Ishwar Colony. On the date of occurrence at about 1.00 pm, her daughter 'P' came to the shop directly from the school. After sometime accused/appellant Vijay, who was their nephew (jeth ka ladka) also came there. The complainant asked him to accompany her to their house. She also made her daughter 'P' sit on the bicycle of accused/appellant and she followed them on foot. On the way, she met classmate of 'P' and while she was talking to her, the accused/appellant alongwith her daughter went ahead. When she reached home, she did not find her daughter at home. She searched for her daughter and accused and also informed her husband. After sometime, the accused/appellant was seen coming from the side of canal. When she asked appellant/accused as to where he was, he started looking here and there. Thereafter the accused/appellant went alongwith her husband to the shop. Suspecting something wrong, she checked the clothes of her daughter which she found to be stained with blood. 'P' informed her that the accused/appellant took her to a room near the canal and made her to remove her clothes and lie down on the grass. Then he did 'galat kaam' with her. The complainant took her to the shop of her husband and informed him about the incident. Thereafter the matter was reported to the police.

(3.) On the basis of above statement, FIR No.282/2007 under Section 376(f) IPC was registered against the accused/appellant at PS Bawana. Child victim was sent for medical examination. Accused was arrested and after completion of investigation, charge-sheet was filed.