Case Note & Summary
The present appeal was filed against the judgment and order dated 4.12.2009 by the Additional Sessions Judge-2, Ambejogai in Sessions Case No.21/2008, convicting the appellant under Section 376(2)(f) of the Indian Penal Code for the rape of a three-year-old girl. The prosecution case stated that on 7.7.2008, the mother of the victim (PW2) had gone for labour work, leaving her children at home. When she returned at 6.00 p.m., she found her daughter Anjali crying, with injuries on her cheek, head and private part. The child disclosed that the appellant, Bapu Dasu Ujagare, took her on the pretext of giving her a jambhul fruit, near a river, forced her to lie down and inserted his private part into her private part. The elder sister (PW4) had also brought the victim home after being informed by another girl. The mother lodged an FIR at Yusuf Wadgaon Police Station. The investigating officer inspected the spot, arrested the accused, seized his underwear with semen stains, and sent the victim and accused for medical examination. The medical officer (PW6) noted injuries and absence of hymen on the victim. The CA reports were obtained. The trial court framed charges under Sections 376 and 323 IPC, examined six witnesses including the mother, sister, panch (hostile), doctor, and investigating officer. The accused pleaded false implication, claiming he witnessed the complainant's illicit relations. After appreciating evidence, the trial court convicted the appellant and sentenced him to rigorous imprisonment for ten years with fine and compensation. Aggrieved, the appellant challenged the conviction and sentence in the High Court. The High Court's judgment, however, is not fully contained in the provided text; it ends while narrating the deposition of PW2. Consequently, the final decision, ratio decidendi, and full legal analysis are not available from the extract.
Headnote
A) Criminal Procedure - Sentencing - Compensation to Victim - Code of Criminal Procedure, 1973, Section 357(2) and (3) - Trial Court directed payment of compensation of Rs.7,000 to the mother of the victim under Section 357(3) CrPC, along with conviction and sentence. (Para 1) B) Criminal Law - Rape - Charge under Section 376(2)(f) - Indian Penal Code, 1860, Section 376(2)(f) - Accused was convicted for rape of a minor girl aged three years and sentenced to 10 years rigorous imprisonment with fine, and default sentence. (Para 1) C) Evidence - Defence - Plea of False Implication - Accused claimed that the complaint was false because he had witnessed the complainant's illicit relations; the defence was one of total denial. (Para 6)
Issue of Consideration
Whether the trial court's conviction under Section 376(2)(f) of the Indian Penal Code and the sentence imposed were correct and legal.
Final Decision
Not mentioned (judgment text truncated before concluding)
Law Points
- Appeal against conviction under Section 376(2)(f) IPC
- compensation under Section 357 CrPC
- reliability of child witness
- corroboration by medical evidence
