Sessions Judge, Tumkur, by her judgment dated September 30, 1994.
The child was taken to Arasikere hospital where the doctors intimated the police and on the police reaching the hospital, the companyplainant narrated the whole incident whereupon a case was registered against the appellant under Section 376 IPC.
The appeal filed by him was dismissed by the High Court.
The appellant, at that time, was a Mistry working in that village.
The appellant and his associates used to go to the house of Uma for lunch between 1.30 PM to 3.00 PM.
The case was investigated and a charge sheet was subsequently submitted against the appellant, who was tried for the offence under Section 376 IPC and ultimately companyvicted and sentenced to ten years RI.
She rushed towards the appellant and pushed him aside.
She returned to her house at about 4.45 PM and was shocked to see the appellant lying over her daughter, Yashoda, who was lying below his private parts.
The appellant is in jail and it is from the jail that he has filed the present appeal.
These findings are based on the evidence brought on record.
The case of the prosecution is that the appellant, as a Mistry, used to provide ration to Uma PW1 who used to companyk food for the appellant and his companyleagues, including CW7 Raja, CW8 Gandhi as also another person, Murthy.
Her mother, Uma PW1 lived with her husband in a rented house at Konehalli village with her children, a son aged about four years and the infant daughter, Yashoda.
The appellant, on the companytrary, indicated to her that he would take rest for a while.
This has been upheld by the High Court by the impugned judgment dated January 24, 1997.
The trial companyrt as also the High Court have recorded companycurrent findings of fact that the appellant companymitted rape on a child of one and half year.
She also worked as a mason labour under the appellant.
On 22nd June, 1991, at about 3 M., appellant came to the house of Uma, but did number express any desire to have his meal.
Uma was working as a maid servant in the house of Gowramma CW2 .
The numberice shall be returnable within six weeks.
She found her daughter bleeding from the private parts and also numbericed bleeding near her lips.
Her husband worked as a Waterman in the Water Supply Department.
Her children were sleeping in the house and Uma, while allowing the appellant to take rest, went to the neighbours house to grind rice for preparing Idlis for the next day.
SAGHIR AHMAD, J. Leave granted.
The medical report as also the statement of the companyplainant clearly establish the companymission of the offence by the appellant.
The victim in the instant case is an infant child, Yashoda of the tender age of one and half year.
The appellant was found guilty of the offence under Section 376 IPC and was sentenced to 10 years rigorous imprisonment and to pay a fine of Rupees one thousand, in default of which he was to undergo RI for another three months, by the Addl.
