GYARSI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) DAUGHTER aged 5 years of the complainant (hereinafter to be called as prosecutrix, to protect identity of the victim) was raped by the appellant.

(2.) THE Court of Additional Sessions Judge (Fast Track) No.1, Alwar, vide impugned judgment dated 17.1.2006 held the appellant guilty of offence under Sections 366 and 376(2)(f) of IPC. Vide a separate order of even date, the trial court had sentenced the appellant as under: - U/s. 366 IPC - seven years' R.I. and to pay a fine of Rs. 2,000/ -, in default thereof, to further undergo six months' R.I. U/s. 376(2)(f) - Life imprisonment and to pay a fine of Rs. 5,000/ -

(3.) CRIMINAL proceedings were set into motion on the basis of written report lodged by Ramnath (PW -1), father of the prosecutrix. Complainant appearing as witness has stated that he is posted as a teacher in Bajrang Vidhyalaya. His daughter, aged five years, was also a student of the same school. Three months ago, he along with his daughter had returned from school. He after changing his clothes was taking his meals and his daughter had gone out to ease herself. Before going to ease herself, his daughter was playing alongwith other children outside the house. When she was called to take meals, she stated that she will first go to ease herself. The daughter of the complainant had not returned to the house for about one hour. Complainant thought that she may have fallen in the water. Then he went out to search for her. When he inquired from Sadhuram Bagada and Kanhailal Maharaj, they informed that accused appellant had carried away the daughter of the complainant. When they both asked the accused as to where he was taking the child, he said that he was taking her to his Baba (grandfather). From sherbs near the spot, he heard sobs of his daughter, and found that she was in a semi -conscious state, her underwear stood removed, and blood was oozing out of her private parts. Meanwhile, the complainant's wife, also reached there. The child came into her senses after two to three hours; she stated that the accused had taken her on promise of giving salted snacks, and had committed a bad act. Guddi (P.W.2), the prosecutrix's mother, appeared as a witness and corroborated the statement of her husband.