SATENDAR @ KALIA TILASER CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, challenging the judgment and order of the learned 3rd Additional District and Sessions Judge, Surat (for short, 'the trial Court'), Dated : 16.02.2010, whereby, the learned trial Court convicted the accused for the offence under Section 376 of the IPC and sentenced him to undergo rigorous imprisonment for 10 years and to pay fine or Rs.5,000/ - and in default to undergo further simple imprisonment for one month.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the complainant, who happens to be the mother of the victim, who was aged about only 5 years at the relevant point of time, runs a shop and on 12.10.2008, when she came back to her house after closing her shop, she found that the victim was missing. She, therefore, made inquires in her neighbourhood. At that point of time, three persons, including the present appellant, came there with the daughter of the complainant and told her that they found her lying in the forest. The complainant, at that juncture, found that the blood was oozing out from the private parts of the victim. She, therefore, caught hold of the present accused and the other people also gathered there and on inquiring from him, he disclosed to have committed the alleged offence. Hence, the complainant lodged the complaint with the police. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence, lodged charge -sheet against the accused. Since, the accused did not plead guilty, the trial was conducted.

(3.) AT the time of trial, in order to prove its case, the prosecution examined the following witnesses;