SANDEEP Vs. STATE OF HARYANA

JUDGEMENT

(1.) The instant appeal is directed against the judgment of conviction dated 24.02.2010 and order of sentence dated 25.02.2010 whereby the appellant was convicted under Sections 376(2)(f) of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) The charge against the appellant was that he committed rape on the prosecutrix, a 7 years old girl child. For offence under Section 376 (2)(f) IPC the minimum punishment provided is 10 years rigorous imprisonment being a girl below 12 years of age. The mother of the prosecutrix presented complaint Ex. P-1 before the police on 19.12.2008.

(3.) The prosecution story, briefly stated, is that the complainant has three children and the prosecutrix is youngest of them. The family of the complainant resides in a Dhani of village Pabra. (Dhani in this part of State is understood as cluster of few houses ancillary to the village for those who want to live in the proximity of their fields). On the fateful day, husband of the complainant had gone to Hisar for check up of his brother who suffered paralysis attack. All the children of the complainant were studying in a nearby school falling in village Kandool. The prosecutrix who was studying in the Ist Standard in Government School, Kandool used to return home earlier to other children of the complainant because she was studying in the lowest standard.