RAJESH BIN Vs. STATE

JUDGEMENT

(1.) This appeal is filed against the conviction of the appellant for the offence punishable under Section 376 of IPC, read with Section 8 of the Goa Children's Act, 2003. The accused-appellant was known to the victim He was her neighbour. He lived close by. The victim is stated to be partially mentally deficient. The victim girl was a minor. The appellant is stated to have taken the victim to his house, which was close to the house of the victim, for committing the aforesaid offence. The victim was not found in the house, upon which her mother caused search to be made. Her brother went to search for the victim. He banged on the door of the appellant and found the victim. The victim was injured. The victim was crying. The mother was shocked to see that her daughter was injured. She was enraged and shouted for help. She reported the incident to the police.

(2.) The mother has been examined as Complainant. Her brother is also examined to corroborate what transpired when he saw the accused and the victim girl. An independent neighbour has been examined to depose about what transpired soon after the appellant was apprehended. The victim girl has been medically examined. The medical report has been produced on record. The Doctor who examined the victim girl has deposed about her injuries. The deposition of another Doctor who conducted the ossification test to determine the age of the victim girl, as also the accused has been recorded. A doctor who conducted the psychological test of the victim girl is also examined. A panch witness of the scene of offence, has been examined who has produced the panchanama which shows the layout of the room of the appellant.

(3.) Upon such evidence, the prosecution has sought conviction of the appellant. The victim herself has not deposed since apart from being minor, she was also partially mentally retarded.