STATE OF UTTAR PRADESH Vs. MUNNOO LAL

JUDGEMENT

(1.) A girl aged 10 years was ravished inside her house on the night of 17/4/1976. Respondent - Munnoo Lal was tried of the offence under Section 376, Indian Penal Code for the said act and the trial court convicted and sentenced him to undergo rigorous imprisonment for a period of six years and to pay a fine of Rs. 500. 00. But the High Court on an appeal filed by the convicted person set aside his conviction and sentence and acquitted him. This appeal is at the instance of State of Uttar Pradesh in challenge of the order of acquittal.

(2.) The facts lie in narrow compass : Kumari Usha (Public Witness1) was the victim of the rape. Her mother Shanti Devi (Public Witness2) was a nurse working in a private hospital situated at a short distance from her house. On the night of 17/4/1976 the rapist gatecrashed into her bedroom where she was sleeping with her younger sister; her mouth was gagged and she was violently ravished and the rapist had run away thereafter. Hearing the commotion, Public Witness3 - Laiji Tripathi, a neighbour, and some others rushed to the scene. Public Witness3 (Lalji Tripathi) saw the respondent running away from the house. When Shanti Devi (Public Witness2) returned to the house around noon the whole matter was disclosed to her. Thereafter the FIR was lodged at the police station, the respondent was arrested and the investigation proceeded therewith.

(3.) There can be no dispute that Public Witness1 (Usha) was subjected to a violent ravishment. When she was examined by Dr. Pushpa Jaiswal (Public Witness5) on the succeeding day all the features of the violent rape were noticed by the doctor on her person and they were recorded in the medical report issued by the doctor. We do not want to reproduce such features in this order, for, respondent also did not dispute the fact that Usha (Public Witness1) was violently raped during that night.