STATE OF UTTAR PRADESH Vs. BABUL NATH

JUDGEMENT

(1.) The respondent Babul Nath a young man of 32 years was charged and tried for an offence punishable under Section 376 of the Penal Code for committing rape on Kumari Nirmala Devi, a child aged about 5 years, in the afternoon of 15/3/1977 in the grove of one Baleshwar Pathak in Village Rampa within the jurisdiction of Police Station Bhadohi, District Varanasi. In Sessions Trial No. 26 of 1978 the learned Session Judge, Varanasi found the respondent guilty of the offence charged with and, therefore, convicted him under Section 376 Indian Penal Code and sentenced him to suffer imprisonment for five years. On appeal by the respondent the High court rejected the testimony of the sole eyewitness Ram Lakhan, Public Witness 1, set aside the conviction and sentence imposed on the respondent and acquitted him of the charge of rape. The State of Uttar Pradesh has, therefore, approached this court in appeal under Article 136 of the Constitution of India on grant of leave.

(2.) The prosecution case as it emerges out of the written report made by Ram Lakhan, Public Witness 1, is that on 15/3/1977 at about 4 p. m. when Ram Lakhan, Public Witness 1, Jokhan Ram, Public Witness 2, Kansraj, Public Witness 3 and Kauleshwar while passing by the side of the grove belonging to Baleshwar Pathak of Village Rampa they heard screams and cries of some girl and, therefore, they rushed into the grove where they saw the girl Nirmala lying down on the ground in a semi-conscious state with her private part profusely bleeding and the respondent Babul Nath was seen running away arranging his Dhoti from that place. They arranged for a Khatola (small cot) and proceeded on foot with the girl on Khatola to the Police Station, Bhadohi where Ram Lakhan, Public Witness I, made a written report Ext. Ka-1 which was received by the Head Constable Awadh Narain Singh, Public Witness 4. On the basis of said report Head Constable Awadh Narain Singh prepared a formal chik report Ext. Ka-2 and an offence under Section 376 Indian Penal Code was registered against the respondent as per Ext. Ka-3.

(3.) Thereafter, the girl was taken to the hospital, Bhadohi same day where she was medically examined by Dr (Mrs) Santosh Kohali, Public Witness 6, at 10. 30 p. m. Dr Kohali found the girl in semi-conscious state and her general condition was poor. Her pulse was 100 per minute. On external examination the doctor found hymen completely torn and there was laceration on all sides of her vagina. There was fresh bleeding. On internal examination doctor noticed that a finger could be easily inserted in her private part. The bloodstained discharge was coming out. In the opinion of the doctor the girl was subjected to sexual intercourse.