1 This appeal is directed against the impugned judgment and order
on sentence dated 05.7.2013 and 06.7.2013 respectively wherein the
appellant stood convicted under Section 376 of the IPC. He has been
sentenced to undergo RI for a period of 7 years and to pay a fine of
Rs.20,000/-,in default of payment of fine to undergo SI for 15 days.
Benefit of Section 428 of the Cr.P.C. has been granted to the appellant.
2 Nominal roll of the appellant has been requisitioned. As on date
the appellant has undergone 5 years of incarceration which includes the
Crl. Appeal No. 1094/2013 Page 1 of 10
remissions earned by him. His jail conduct has been satisfactory.
3 The version of the prosecution was disclosed in the statement of
the prosecutrix recorded under Section 161 Cr.P.C. which had formed
the basis of the FIR and which was to the effect that at about 4.00 p.m.
in the afternoon on 26.4.2011 while she was playing outside her house
the accused who was known to her had taken her to a poultry farm
where, in a room he had committed rape upon her. She informed her
father pursuant to which the present FIR had been registered. The
victim was medically examined and her MLC was proved as
Ex.PW-1/A. Statement of the victim was recorded under Section
164 Cr.P.C. by the learned M.M. and was proved as Ex.PW-7/A. Her
father Dinesh was examined as PW-4. The appellant was also
medically examined and his MLC Ex.PW-11/A suggested that there was
nothing which indicated that he could not have performed the sexual act.
Exhibits which were seized included the clothes of the victim as also her
blood sample and vaginal swab were sent to the FSL for examination
and the FSL has submitted its report (Ex.10/G).
Source: Indian Kanoon