CHANDRAPAL SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant has filed present appeal assailing judgment and order dated 28.05.2010 passed by Sessions Judge, Haridwar in Sessions Trial No. 379 of 2009 whereby learned Sessions Judge has found the appellant guilty for an offence punishable under Section 376 IPC and has sentenced him to undergo imprisonment for life and to pay fine of Rs. 5,000/- for an offence punishable under Section 376 IPC.

(2.) Brief facts of the present case, inter alia, are that PW1 lodged a report with police station Ranipur, Haridwar to the effect that in his house appellant was residing as a tenant and in the morning of 07.10.2009 at about 09.30 a.m., while he was busy in the household work and his wife was busy in washing clothes, appellant came and offered a toffee to his daughter aged about 1 1/2 year and after taking her daughter in his lap, accused appellant went to his room. After some time, his daughter started crying; having heard the cry, he and his wife PW2 rushed towards the room of appellant where they found the appellant naked; they also noticed that underwear of their daughter was also lying there; having heard the hue and cry, people gathered on the spot, meanwhile, someone had informed the police. Police also came on the spot. Blood was oozing out from the private part of his minor daughter aged about 11/2 year.

(3.) Prosecutrix was medically examined by Dr. P.K. Pandey (PW3), who found following injuries on the person of prosecutrix: