RAMESH ORAON Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned counsel for the State.

(2.) The appellant has preferred this appeal against the judgment of conviction dtd. 9/7/2018 and order of sentence dtd. 10/7/2018 passed by the Additional Judicial Commissioner-XVIII cum Special Judge, POCSO, Ranchi in Sessions Trial No.789 of 2013, arising out of Sadar Police Station Case No.117 of 2013 (G.R. No.2343 of 2013), whereby and whereunder, the appellant has been convicted for offences under Sec. 376(2) of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.20,000.00 (Rupees Twenty Thousand) and in default of payment of fine to further undergo rigorous imprisonment for one year.

(3.) Learned counsel appearing for the appellant submits that an improbable case has been set up by the prosecution, wherein it has been alleged that the father has committed rape upon the minor daughter. Trial Court failed to take into consideration that no independent eye witness has been examined in this case. The witness, P.W.3 has been declared hostile and the doctor, who examined the victim, has stated that no evidence of sexual intercourse was found at the time of examination. In view of doctor's report, prosecution story is absolutely bad. Even the FSL report suggests that no semen was found in the material exhibit, which suggests that this appellant has been falsely implicated in this case.