SHYAM LAL ALIAS SHYAMU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal against the judgment and order dated 11-4-2002 passed by Additional Sessions Judge, Haldwani, District Nainital in sessions trial no. 124 of 1999 whereby the ap­pellant was convicted under Section 376 (2) (f) I.PC. and sentenced to un­dergo 10 years R.I. and a fine of Rs.10,000/- and in default of payment of fine to further undergo six months R.I.

(2.) THE appellant was charged un­der section 376 I.PC. for having com­mitted rape on Km. Anita aged about 10 years at about 8-30 p.m. on 18-10­1998 near the house of Lila Dhar situ­ated in village Jaipur Bisa within the circle of PS. Lalkuan, District Nainital.

(3.) THE said victim was medically examined by Lady doctor Shikha Jangpangi (PW. 4). She prepared medi­cal examination report, Ext. Ka.3. Nei­ther any injury on the external part of the body nor on private part was de­tected and vagina admits of tip of fin­ger with difficulty. She also prepared supplementary report, Ext. Ka 4 and affirmed that the victim was a virgin girl and no rape was committed on her. She also testified that the age of the victim was about 12 years on the basis of the radiological examination. Some abnormality was detected in the anus re­gion therefore the victim was referred to Base Hospital for medical examination in regard to the opinion about sodomy.