Decided on December 06,2013

Sonu Alias Pradeep Appellant


- (1.) Normally, a child wakes up early in the morning every day, remains cheerful all along the day, inspires his/her parents and appears having God particle hidden into his/her heart. It is common used phrase that "child is the father of man". Children are the future of the society. It is our sacred duty to guide them properly, settle examples of principles for them, provide them protection, proper care, education, love, adoration and what not. But what happened with a little unlucky girl: she was called by the accused (to which the victim used to call Sonu-Bhaiya) inside his room pretending her to watch T.V. and then betrayed her. The accused snatched away the fairy dreams of the little girl. A girl of mature age could have protested, but the innocent victim was not able to do so. The statements of the PW-1 and PW-3 (parents of the victim) depict the aftermath of commission of rape, what happened with the victim. After committing rape, the accused laid the little girl in a cot at the verandah outside his room; for at that time, the girl became unconscious after the incident: when the accused laid the victim in unconscious state in a cot, flies were flying over her mouth while she was sleeping; she was sweating also; on next day also she was not in common state; she was in grimy state but she refused to take bath; on removing her clothes by her mother, her clothes were found bloodstained, which were also sent for laboratory examination and thereafter girl told about the incident.
(2.) This is a case where this Court is examining the correctness of the testimony of a rape victim (who at the time of incident was about 6 years old and at the time of tendering evidence before the trial Court, was 8 years old) in the light of medical report, which does not support the version of the victim.
(3.) Heard learned counsel for the parties and perused the Lower Court's Record.;

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