RAHUL Vs. STATE OF U.P.

JUDGEMENT

(1.) We have heard Shri Sunil Kumar, learned counsel for the appellant and Shri Arunendra Kumar Singh, learned AGA for the state.

(2.) This appeal has been filed against the impugned judgment and order dtd. 18/12/2018 passed by Ist Additional Sessions Judge, Orai, District Jalaun, in Session Trial No. 56 of 2018 (State vs. Rahul), arising out of Case Crime No.20 of 2018, U/S 376(2)(i), 323 IPC read with Sec. 5(m)/6 of The Protection of Children from Sexual Offences Act, 2012, by which the trial court has convicted the accused-appellant Rahul for life imprisonment under Sec. 376(2)(i) IPC and to pay a fine of Rs.50,000.00, and in default of payment of fine two years additional imprisonment.

(3.) In brief, the prosecution case is that on 21/4/2018 at about 07:46 p.m., the complainant Raghvendra Singh filed a written complaint at PS Kotra, District Jalaun, stating that his son went to school at 7:00 a.m., after that Rahul, son of Ramphal Singh, had come to his house on the date of incident and told his wife that he is taking his daughter aged two years (hereinafter referred to as victim 'X') to the temple. Accused-appellant Rahul took his daughter to the temple after combing her hair and putting a frock on her. When Rahul did not return till 9:00 a.m. with the baby girl, the complainant's wife asked Udaypal Singh whether he had seen Rahul in the temple. Udaypal Singh said he was coming from the temple but could not find them. After that complainant's wife and his father reached Rahul's house in search of the victim "X'. Accused Rahul is the first cousin of the complainant. On reaching the house of Rahul, the wife of the complainant, and his father saw that Rahul was on top of her daughter, and her daughter, victim 'X', was crying. Seeing the complainant's wife and his father, Rahul left victim 'X' and fled away. The complainant's wife and father of the complainant picked victim 'X' and saw that X's genitalia was swollen and blood was coming out of her private parts. Rahul has committed rape upon the daughter of the complainant. The complainant's wife and his father told the entire incident over the telephone to the complainant, and after that, the complainant reached home and saw her daughter 'X' weeping. She was scared, and her face was also swollen.