BHAIYA @ AMEER UL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has been convicted for the offences under sections 376 and 365 Indian Penal Code. He has been sentenced as under : <FRM>JUDGEMENT_77_LAWS(RAJ)8_19931.html</FRM>

(2.) The facts leading to this case lie in a very short compass. Huma @ Jayada was only 4 years old when the incident occurred. She is related to the accused and has referred to him as Marnmu Bhaiya. The accused took her to the hill side where she was raped When the girl was missed at home her family members went in search of her and they learnt that, she had gone with the accused The informantHasan and Farida. sister of the prosecutrix went in search towards the hill side and there they met the accused. He was questioned about the child Huma, but he refused to give any information The he was asked to join them in the search. Then accused lead the way and took them on the other side of the hill, where they found Hama, who was bleeding from the private parts On questioning, Huma told that the accused had brought her to that place and that he was responsible for her condition. There was blood on the neck and face of Huma, besides small injuries This first information report was lodged on 15-2-1989 and the incident is of the same day.

(3.) The girl Huma was medically examined and the following was her condition including injuries