Criminal Procedure Code, 1973
Section 428—Benefit of set-off—Entitlement—Accused convicted for offence under Section 376 of IPC—Benefits of set-off under Section 428 of CrPC granted to the appellant-accused.
[Para 46]
Indian Penal Code, 1860
Section 376—Rape of child aged about 2 years—Conviction—Finding of trial court holding that delay has been satisfactorily explained by mother of victim as well as prosecution cannot be faulted with—Testimony of mother of victim is reliable and also finds support from the MLC of victim—Merely because IO has not examined 6 years old brother of victim or father of victim, the same cannot be termed as faulty investigation on the part of the IO—It is the quality of evidence and not the quantity which matters—No bias or enmity has been alleged against the IO by the appellant—Appellant has not been able to prove that testimonies of prosecution witnesses are false and not reliable—Prosecution has successfully proved its case against appellant—Conviction upheld.
[Paras 26, 40, 41 & 42]
Decision : Appeal dismissed