VIKRAM MATKAR MARANDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order dated 06th February, 2006 passed by the learned Sessions Judge, Valsad in Sessions Case No.96 of 2005, whereby the appellant herein came to be convicted for the offence under Sections 376 of the Indian Penal Code, 1860, and came to be sentenced to undergo rigorous imprisonment for 10 years and also to pay fine of Rs.10,000/-, and in default of payment of fine, to undergo simple imprisonment for further one year. It was directed that out of the fine amount, Rs.5,000/- shall be paid to the mother of the victim as compensation.

(2.) THE prosecution case revealing from the complaint dated 29th June, 2005 (Exh.9), lodged by Saraswatiben, mother of the victim with the Umargam Police Station, and registered at Crime Register No.I- 161 of 2005, was that she was working in a company; and her husband was working as supervisor in a factory situated at GIDC area of Umargam. On 27th June, 2005, both had gone for their work leaving alone their minor daughter at home. On returning from work in the evening, the complainant-mother was told by the minor girl-victim that Vikram uncle tempted her by offering chocolate, took her to his room and tried to commit sexual act with private part. The complaint stated that learning the same from her daughter, she got frightened. She found that private part of her daughter had gone reddish. When her husband came from work in the late evening, they went to the house of said Vikram but he was not found there. The case as sought to be stated in the complaint was that then they tried to search out the full name and address of the said person and knew that he originally hailed from Orissa. The complaint with the police was got registered after two days.

(3.) LEARNED advocate for the appellant Mr.Asthavadi made following main submissions, (i) The conviction was bad as the same is only on the basis of the oral testimony of the mother of the victim girl, which was not corroborated by the medical evidence; (ii) The panchnama, did not show presence or any sign or stain of either blood or semen from the place of offence or from the body and cloths of the victim or the convict; (iii) The doctor is his deposition stated in that if there was intercourse with minor girl, there would be injury on genital organ of the convict, but there was no injury on the private part of the convict in present case; (iv) As per medical officer, there was reddening on the lower part of vagina, but in the cross examination the doctor stated that the swelling on vagina can be due to various reasons like biting of insect, playing of girl with stick etc; (v) As per the statement of mother, on the day of incident she was at her work place and when she came back at