SHYAM NARAIN Vs. STATE

JUDGEMENT

(1.) NOTING that Ms. Charu Verma learned Counsel for the appellant has been appointed as an Amicus Curiae by the court and her fee has not been fixed, we fix the fee of learned Amicus Curiae at Rs. 5,000/ -.

(2.) VIDE impugned judgment and order dated 21.10.2005, written very emotionally, learned trial judge has convicted the appellant for the offence punishable under Section 376(II)(f) IPC.

(3.) BRIEFLY stated the relevant facts are that Baby 'M' aged 8 years, daughter of Binda Saha was taken by the appellant to Lal Bahadur Shastri hospital at around 6.30 P.M. on 29.10.2003 where the young child was referred to GTB hospital, Shahdara. She was admitted at the said hospital at 1.30 A.M. on 30.10.2003 i.e. during the intervening night of 29.10.2003 and 30.10.2003. The young child told the doctors, as recorded in the MLC Ex.PW -10/D, that she had suffered a fall in the toilet at 2.00 P.M. on 29.10.2003 and that the injuries on her person was a result of the said fall.