MD SARFARAZ Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Two persons, namely, Md. Sarfaraz and Prakash Sharma were named as accused by the informant, namely, Reeta Devi, in her fardbeyan which was recorded on 24.2.2008 at about 23:00 hrs. On the allegation that the above-named accused persons have sexually assaulted minor daughter of the informant aged about 13 months, Katras P.S. Case no. 40 of 2008 was lodged under section 376/34 of the Indian Penal Code. The accused Prakash Sharma was found juvenile on the date of occurrence and, accordingly, his case was separated after a common charge under section 376 (2) (f) of the Indian Penal Code was framed against them vide order dated 4.9.2008.

(2.) The appellant has been convicted and sentenced to R.I. for life till the rest of his life and fine of Rs. 50,000/- under section 376 (2) (f) read with section 34 of the Indian Penal Code.

(3.) During the trial, the prosecution has examined thirteen witnesses; the informant is PW-3 and her neighbour, namely Sonia Devi is PW-5. The prosecution has tendered in evidence the Medical Report prepared by Dr. Gayatri Kumari-PW-8 and F.S.L. Report through R.S. Singh PW-13. The Investigating Officers of the case, namely, Ram Raj Pandey-PW-9 and John Toppo-PW-10 have deposed about registration of the First Information Report against the appellant and the co-accused Prakash Sharma, place of occurrence, medical examination of the victim girl and other objective findings on the occurrence.