ANTONISH CH. MARAK Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) On the basis of the evidence as it panned out in course of the trial, there is little scope to interfere with the conclusion drawn in the impugned judgment of conviction of March 26, 2018 and the consequential order of punishment of March 27, 2018.

(2.) The charge brought against the appellant herein was that the mother of the two-and-a-half-year-old victim entrusted the victim in the custody of the appellant, who was a close relative of the mother and also a neighbour, and after some time the victim was found profusely bleeding and her private parts severely damaged. There is no doubt that the victim was left in the custody of the appellant as the appellant did not seek to deny such position in course of the statement recorded under Sec. 313 of the Code of Criminal Procedure, 1973. It appeared that the victim had cried out loud at the time when she was violated and the appellant appears to have deserted the victim in the garden of the victim's house. The child was later discovered by another relative who found her crying and, upon noticing the blood on her legs and pants, he perceived that she may have been bitten by leeches.

(3.) It is only upon the mother taking off the pants of the child that she discovered the blood from her private parts and the space between the vagina and the anus was seriously torn and damaged. The extent of the injury was corroborated by the government doctor and there is no dispute that the victim required immediate medical treatment and was admitted to the government hospital and kept there for more than a week.