RAVI @ BIRE Vs. STATE

JUDGEMENT

(1.) The appellant Ravi @ Bire has filed this appeal challenging his conviction vide judgment dated 20th January, 2016 for the offence punishable under Section 376(2)(f) and under Section 506 IPC and order on sentence dated 29th January, 2016 whereby he has been ordered to undergo RI for ten years with fine of Rs. 10000/- and in default of payment of fine to undergo SI for three months.

(2.) The prosecution case in brief is that on 5th April, 2012, on receipt of DD No.33A, SI Kuldeep Singh reached Dr. Hedgewar Arogya Sansthan Hospital where the child victim was found admitted with the history of sexual assault. Since the child victim was not in a position to give statement, on the basis of statement (Ex.PW3/A) made by her mother (PW3), a case FIR No.122/2012 was registered. Thereafter, the child victim was produced on 6th April, 2012 before the learned Magistrate for getting her statement under Section 164 Cr.P.C. (Ex.PW2/A) recorded.

(3.) The version of the child victim before the learned Magistrate was that on the date of occurrence, i.e. on 5th April, 2012, she had gone to a nearby shop to buy something and she was accompanied by her younger sister and brother. While she was returning, the appellant/convict Bire caught her, took her to his room and bolted the room from inside. Thereafter, he removed his underwear and pant as well her underwear. Her mouth was gagged with a cloth. Thereafter, he inserted his organ used for passing urine into her body from where she passes toilet. She had a lot of pain and she started bleeding. After about half an hour, Bire ran away from there but while leaving, he also threatened to kill her if she disclosed the incident to anybody.