RAJESH Vs. STATE

JUDGEMENT

(1.) VIDE impugned judgment and order dated 30. 7. 2003, the appellant has been convicted for the offence of raping Kumari M. Vide order on sentence dated 31. 7. 2003 the appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/-; in default of payment of fine he has been directed to undergo simple imprisonment for one year.

(2.) IT is not in dispute that the appellant is the cousin of kumari M. It is also not in dispute that the appellant was aged 19 years as on the date of the incident i. e. 16. 2. 2001 and kumari M was aged four years.

(3.) THE MLC Ex. PW-10-/a evidences partial penetration into the vagina of Kumari M. Though, hymen was intact but a bruise (two red spots) were noted on the left side of the hymen. The FSL report Ex. PW-12/c has reported that semen was detected on Ex. 3 i. e. the pant which the appellant was wearing on the date of the incident which was seized the same day after the appellant was arrested when FIR Ex. PW-1/a was registered on 16. 2. 2001.