JUDGMENT (COMMON)

Crl.A.No.245 of 2016 has been filed by the appellant/accused aggrieved by his (i) conviction under Section 376(2)(f) of the Indian Penal Code (hereinafter called the Code) and (ii) sentence to undergo three years rigorous imprisonment and to pay a fine of Rs.10,000/- and in default, to undergo one year rigorous imprisonment.

2. Crl.A.No.154 of 2017 has been filed by the State seeking for enhancement of the punishment imposed on the accused in the same judgment on the ground that the Trial Court failed to impose the minimum sentence that has been prescribed under Section 376(1) of the Code.

3. The case of the prosecution is as follows:—

(i) The victim girl - P.W.2 was aged about 5 years at the time of occurrence. On 27.1.2010 at about 5 PM, the accused, who was a neighbour, was said to have taken the victim girl into his house, removed the undergarments of the victim girl and committed penetrative sexual assault against the victim girl. The victim girl told her parents that she was experiencing pain in her vagina. When enquired by the mother, the victim girl explained about the incident.

(ii) A complaint - Ex.P.1 was given by P.W.1 - the father of the victim