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Facts of the case 

  • The present appeal is filed against the conviction order dated 4.7.2022 
  • The conviction is made under Section 6 of POCSO ACT,2012 read with Section 376(2) of IPC.
  • The survivor is merely 4years and two months old on the date of incident 6.12.2004.
  • The appellant-accused asserts that he had not committed the offence.
  • As per the statement of the mother, appellant-accused came to the house when she had gone out on November 6,2004. When she came back both her children were at home but later her daughter complained of not able to urinate.
  • The pain got severe and then she took her to the hospital.

OBSRVATIONS OF THE COURT 

  • The court found the conviction judgement of the trial court lawful and correct and restrained from any interference.
  • The court rejected the appeal.
  • Court found that the statement given by the mother and that given by the survivor displays similarity. There is no material difference neither in the statements nor in the evidence.
  • Court held that in the light of medical examination report of the survivor, the trial court has rightly found appellant guilty of rape.
     
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