SUNIL SADA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The solitary appellant was charged of committing rape upon a child of two and half years in the evening of 24th day of July, 2003 and was tried by the learned Presiding Officer of Fast Track Court-Ill, Samastipur in Sessions Trial No.586 of 2003. By judgment dated 25.07.2007, the appellant was held guilty of committing the offence and was directed to suffer rigorous imprisonment for ten years as also to pay a fine of Rs.2,000/-, else to suffer simple imprisonment for six months. The appellant has appealed to this Court against the judgment of conviction.

(2.) On the basis of the fardbeyan given by P.W.9, the father of the victim to the above effect, the police drew up the FIR and proceeded to investigate the case. During investigation, it was revealed that it was the present appellant who had picked up the child by giving her some snacks while she was playing and had taken her into the wildly grown grass. There is no further material to indicate as to what happened thereafter, but subsequently, it appears from the evidence, the child was found weeping and as such people were attracted to her when they picked her up. It came during investigation that'the appellant was alleged having been seen by a few persons picking the child and taking her away into the wildly grown grass.

(3.) As regards the state of the child, she was examined by two doctors, P.Ws.6 and 7, and it appears consistently stated by them that her hymen was ruptured and vaginal swab showed presence of spermatozoa and further that the child was aged two and half years.