BHINYARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant herein has been convicted and sentenced as below vide judgment dtd. 2/12/2014 passed by the learned Sessions Judge, Bikaner in Sessions Case No. 32/2013:

(2.) Being aggrieved of his conviction and the sentences awarded by the trial court, the accused appellant has preferred the instant appeal under Sec. 374(2) Cr.P.C.

(3.) The prosecution case centers around the allegations that the appellant herein, subjected the minor child Master 'H', nephew of the first informant Bhanwar Singh to unnatural sexual intercourse on 8/1/2013 as a result whereof, the boy received number of injuries on his anal orifice. A complaint to this effect was lodged by Bhanwar Singh to the SHO Police Station Napasar on 8/1/2013 at 10.30 pm. on the basis whereof, FIR No. 4/2013 was registered at the Police Station for the offences under Ss. 367 and 377 IPC. The accused appellant was apprehended. The child was subjected to medical examination at the hands of the medical jurist Dr. Indira Prabhakar (PW-4) who issued the Medico Legal Report (Ex. P/6) noticing multiple tears on the anal region of the child with a clear opinion that the injuries were the result of penetration of a hard erected male organ on the orifice. After completion of investigation, a charge-sheet came to be filed against the appellant herein for the offences under Ss. 367 and 377 IPC and Sec. 4 of the POCSO Act, 2012. The case was committed to the court of the Sessions Judge, Bikaner who framed charges against the accused for the above offences. The accused pleaded not guilty and claimed trial. The prosecution examined as many as 8 witnesses to prove its case. Upon being questioned under Sec. 313 Cr.P.C. and when confronted with the circumstances appearing against him in the prosecution case, the accused averred a bald denial thereto and claimed to have been false implicated. One witness was examined in defence.