GIRISH @ GIRO BHATTABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant having been convicted for the offences punishable under Sections 323 and 376 of the Indian Penal Code ( for short "IPC" ) is before this Court questioning the judgment and order dated 23.7.2008 passed by learned Sessions Judge, Bharuch. Consequent upon his conviction, the appellant was sentenced interalia to 10 years R.I. with fine of Rs.15,000/, and in default, further sentence of one year.

(2.) THE appellant was alleged to have committed the crime on person of victim hardly aged 7 years. The prosecution examined various witnesses including the victim at Exh.17. After verifying capacity to depose, her statement was recorded by the learned Judge wherein she identified the appellant. She further stated the appellant having come to her house in presence of her sister Rasila when her parents were out. She alleges the appellant having taken her to sugarcane field, removed her clothes and penetrated his private part into her private part on account of which she started bleeding. The appellant thereafter left and the victim was ultimately found by her parents. The appellant could adduce nothing favorable to him from her crossexamination.

(3.) SIMILARLY Dr.Nehaben Sheth P.W.15 Exh.47 deposed having recorded the history of the incident as unfolded by the victim mother i.e. the victim having been raped by the appellant. She had referred the victim to Gynaecologist and Plastic Surgery Department. She also noticed few abrasion on her body. The doctor found a tear in her posterior vagina measuring 2 x 2 cm. She also found various other symptoms or marks on and around her private part including a three degree parinial later and urine infection. The victim was discharged on 20.04.2007 as per the deposition of the doctor. The story that was canvassed in the crossexamination of the doctor was that, such abrasion were possible by nail bites or rubbing of the girl against a rough surface. It appears that from the Gynaec Department, the parents had taken away the victim and few questions were put on those lines to the doctor.