SANJAY KAMAT Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) APPELLANT Sanjay Kamat appeals against the judgment of conviction dated 10.02.2010 and order of sentence dated 15.02.2010 passed by the learned Additional Sessions Judge -II, Saharsa in Sessions Trial No. 17 of 2008. By the impugned judgment, the appellant was held guilty of committing an offence under Section 376 of the Indian Penal Code and he, after being heard under Section 235 Cr.P.C., was directed to suffer rigorous imprisonment for life.

(2.) WE do not disclose the name of the victim. The gist of the allegation was that while playing, she was lured into visiting the village fair where she could be getting some balloons from the appellant. The victim was taken away by him in absence of her mother (PW4) who was labouring in the field of one Harbans Singh. The grandmother of the victim (PW5) opposed the taking away of the victim but the appellant succeeded in his act. It was evening and dark and the little child of about 6 -7 years as per the evidence of Dr. Bibha (PW8) did not come back. Her mother PW4 had returned home and D.W. s. 1 and 2 brought the victim to her mother to tell her that it was this appellant who had handed the injured and bleeding little child to them to be handed over to her mother (PW4). The incident had occurred at about 5.00 P.M. on 20.10.2007 but as may appear from the very fardbeyan (Ext. 1/1) in an anxiety to stop the pleading and get the child treated, PW4 her mother, rushed her to a quack in the village.

(3.) THE non -examination of the investigating officer does appear creating some sort of handicap for us as we do not have any inkling as to how the investigation had proceeded. However, what we find from the evidence of Dr. Bibha (PW8) is that the little girl child was referred to Saharsa hospital for her medical examination by the investigating officer and on being examined by PW8, she was found bearing no external injury on her body but there was a perennial tear present and it was bleeding from the private parts of the child. As appears from paragraph -6 of PW8, she had found hymen of the victim ruptured and bleeding and in her further opinion it appeared to her that the injury had been caused on account of sexual intercourse with the child.