SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ASHA (fictitious name) a girl of 6 years fell a pray to the lust of appellant. The appellant was put to trial before the learned Special Judge, SC/st (PA Cases) Alwar who convicted and sentenced the appellant under section 376 (2) (f) IPC vide judgment dated October 23, 2002 to suffer rigorous imprisonment for ten years and fine of Rs. 1000/-, in default to further suffer imprisonment for six months.

(2.) IT is the prosecution case that informant Geeta Devi (Pw. 1) submitted a written report on October 12, 2001 at Police Station Kathumar with the averments that on October 9, 2001 her daughter Asha aged 6 years along with other children had gone to the temple but Asha did not return back to the house. On being searched she was found unconscious on the roof of the temple and blood was oozing from her vagina. Informant Geeta Devi took her daughter Asha to Bharatpur for treatment in the next morning. At Bharatpur she was informed by the Medical Officer that Asha was raped. On returning to village she gathered the villagers and decided to lodge the report. On that report a case was registered and investigation commenced and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Special Judge, SC/st (PA Cases) Alwar. Charges under sections 376 (2) (f) IPC and 3 (2) (v) of SC/st (PA) Act were framed against the appellant, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 12 witnesses. In the explanation under Sec. 313 Crpc, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

(3.) FOR these reasons, I do not find any merit in the instant appeal and the same stands accordingly dismissed. The conviction and sentence of the appellant under section 376 (2) (f) IPC are confirmed. .